Abortion
Decided June 27, 2016
5-3

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In Whole Woman’s Health v. Cole, the court struck down portions of a Texas law that would have left the state with about 10 abortion clinics, down from what was once more than 40. The court had not heard a major abortion case since 2007.
Had Justice Scalia have joined the dissenters, the ruling would have remained the same.
Public Corruption
Decided June 27, 2016
8-0

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In McDonnell v. United States, the court vacated the convictions of Bob McDonnell, a former Republican governor of Virginia, saying that the government used too broad of a definition for an “official act” of governmental power in the corruption case it brought against him.

Mr. McDonnell was convicted of using his office to help a businessman, Jonnie R. Williams Sr., who had showered the governor and his wife with luxury products, loans and vacations. The gifts themselves were legal, and the question in the case was whether they were part of a corrupt bargain in which Mr. McDonnell reciprocated by using the power of his office to help Mr. Williams.
Immigration
Decided June 23, 2016

Justice splits are not disclosed in cases affirmed by a 4-to-4 vote. The most likely lineup, based on questioning during the oral arguments:

4-4

Likely sided with administration

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In United States v. Texas, the court considered whether the Obama administration was entitled to shield as many as five million unauthorized immigrants from deportation and to allow them to work.
Without a ninth justice, a 4-to-4 tie resulted in a major loss for the administration, affirming the lower court decision and upholding a nationwide injunction blocking the program. Had Judge Merrick B. Garland, President Obama’s nominee to fill Justice Scalia’s seat, have been approved by the Senate in time to weigh in on the case, he might have sided with the administration, resulting in a 5-4 decision.
Affirmative Action
Decided June 23, 2016
4-3

Sotomayor

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In Fisher v. University of Texas, the court decided that the race-conscious program used to admit students to the University of Texas at Austin does not violate the Constitution’s equal protection principles.
The case was decided by seven members of the court because Justice Elena Kagan had recused herself. Had Justice Scalia have joined the dissenters, a tie would have most likely resulted in an affirmance of the lower court decision upholding the program, but no precedent would have been set.
Jury Selection
Decided May 23, 2015
7-1

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

The court decided in Foster v. Chatman that prosecutors in Georgia violated the Constitution by systematically excluding blacks from the jury in a capital case, leaving an all-white panel to decide the fate of a black defendant accused of killing a white woman.
Contraception
Announced May 16, 2016

The justices issued an unsigned, unanimous opinion.

8-0

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

The court announced that it would not rule in Zubik v. Burwell, instructing the lower courts to try to find a compromise. The case relates to how a contraception-coverage requirement under the Affordable Care Act applies to religiously affiliated institutions like schools and hospitals, many of which object to providing insurance coverage for contraception to their female employees.
Without a ninth justice, the court appeared to be exploring every avenue to avoid 4-to-4 deadlocks, even if the resulting action does not decide the question the justices agreed to address.
Voting Rights
Decided April 4, 2016
8-0

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In Evenwel v. Abbot, the court decided that states may draw voting districts based on total population under the “one person, one vote” principle. The court had long said that state voting districts must have roughly equal populations, but it had never specified whether they should have the same number of people or the same number of eligible voters.

The court did not address the question of whether states may draw districts based on voter-eligible population, a method that could diminish the political power of districts that include disproportionate numbers of unauthorized immigrants, which would generally benefit Republicans.
Public Unions
Decided March 29, 2016

Justice splits are not disclosed in cases affirmed by a 4-to-4 vote. The likely lineup, based on questioning during the oral arguments:

4-4

Likely sided with unions

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

In a win for organized labor, a tie in Friedrichs v. California Teachers Association effectively decided that public employees who choose not to join unions may be required to pay fees for the union’s collective bargaining activities.
Without a ninth justice, a tie affirmed the appeals court’s decision favoring the unions but set no precedent. Had Justice Scalia have joined the conservative bloc, the court would have ruled against the unions.
Class Actions
Decided March 22, 2016
6-2

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

This class action, Tyson Foods v. Bouaphakeo, was brought by workers at a pork processing plant who said they did not get enough overtime pay for the time they spent putting on and taking off protective gear and the like. The court decided that the workers may rely on statistical formulas to establish what they are owed and do not have to establish damages individually.
Capital Sentencing
Decided Jan. 12, 2016
8-1

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

Scalia

In Hurst v. Florida, the court struck down an aspect of Florida’s capital punishment system, in which the state allowed nonunanimous juries to recommend death sentences and left the final sentencing to a judge, saying it did not give jurors a sufficient role in deciding whether defendants should be put to death.
Juvenile Justice
Decided Jan. 25, 2016
6-3

Sotomayor

Kagan

Ginsburg

Breyer

Kennedy

Roberts

Alito

Thomas

Scalia

The court ruled in Montgomery v. Louisiana that its 2012 decision banning mandatory life-without-parole sentences for juvenile killers must be applied retroactively, allowing the possibility of the eventual release for hundreds of inmates now serving life sentences without the possibility of parole for murders they committed in their youth.