Job: 557BV$ Take: SPN1 07-15-14 10:58:50 The dashed line indicates the top edge of the book. ----------------------------------------------------------------------------------------------------------------- UNITED STATES REPORTS 557 OCT. TERM 2008 --------------------------------------------------------------------------------------------------- The dashed line indicates the bottom edge of the book. This camera copy was created for books with spines up to 31⁄4� wide. For smaller books, it must be centered on the spine and trimmed left and right as needed. 557BV$TITL 05-27-14 16:56:06 UNITED STATES REPORTS VOLUME 557 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 2008 June 15 Through October 2, 2009 End of Term FRANK D. WAGNER reporter of decisions WASHINGTON : 2014 Printed on Uncoated Permanent Printing Paper For sale by the Superintendent of Documents, U. S. Government Printing Office 557US2 Unit: $$UI [05-27-14 17:00:10] PGT: FRT JUSTICES of the SUPREME COURT during the time of these reports* .JOHN G ROBERTS, Jr., Chief Justice. JOHN PAUL STEVENS, Associate Justice. ANTONIN SCALIA, Associate Justice. ANTHONY M. KENNEDY, Associate Justice. DAVID H. SOUTER, Associate Justice.1 CLARENCE THOMAS, Associate Justice. RUTH BADER GINSBURG, Associate Justice. STEPHEN BREYER, Associate Justice. SAMUEL A. ALITO, Jr., Associate Justice. SONIA SOTOMAYOR, Associate Justice.2 retired SANDRA DAY O’CONNOR, Associate Justice. officers of the court ERIC H. HOLDER, Jr., Attorney General. ELENA KAGAN, Solicitor General. WILLIAM K. SUTER, Clerk. FRANK D. WAGNER, Reporter of Decisions. PAMELA TALKIN, Marshal. JUDITH A. GASKELL, Librarian. *For notes, see p. iv. iii 557US2 Unit: $UII [05-27-14 17:01:34] PGT: FRT NOTES 1 Justice Souter retired effective June 29, 2009. See post, p. ix. 2 The Honorable Sonia Sotomayor, of New York, formerly a judge of the United States Court of Appeals for the Second Circuit, was nominated by President Obama on May 26, 2009, to be an Associate Justice of this Court; the nomination was confirmed by the Senate on August 6, 2009; she was commissioned on the same date; and she took the oaths and her seat on August 8, 2009. She was presented to the Court on September 8, 2009. See post, p. xiii. iv 557US2 Unit: UIII [05-27-14 17:02:53] PGT: FRT SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective February 1, 2006, viz.: For the District of Columbia Circuit, John G. Roberts, Jr., Chief Justice. For the First Circuit, David H. Souter, Associate Justice. For the Second Circuit, Ruth Bader Ginsburg, Associate Justice. For the Third Circuit, David H. Souter, Associate Justice. For the Fourth Circuit, John G. Roberts, Jr., Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Samuel A. Alito, Jr., Associate Justice. For the Ninth Circuit, Anthony M. Kennedy, Associate Justice. For the Tenth Circuit, Stephen Breyer, Associate Justice. For the Eleventh Circuit, Clarence Thomas, Associate Justice. For the Federal Circuit, John G. Roberts, Jr., Chief Justice. February 1, 2006. (For next previous allotment, see 546 U. S., p. v.) (For next subsequent allotment, see post, p. vi.) v 557US2 Unit: $UIV [05-27-14 17:03:57] PGT: FRT SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective June 30, 2009, viz.: For the District of Columbia Circuit, John G. Roberts, Jr., Chief Justice. For the First Circuit, Stephen Breyer, Associate Justice. For the Second Circuit, Ruth Bader Ginsburg, Associate Justice. For the Third Circuit, Samuel A. Alito, Jr., Associate Justice. For the Fourth Circuit, John G. Roberts, Jr., Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Samuel A. Alito, Jr., Associate Justice. For the Ninth Circuit, Anthony M. Kennedy, Associate Justice. For the Tenth Circuit, Stephen Breyer, Associate Justice. For the Eleventh Circuit, Clarence Thomas, Associate Justice. For the Federal Circuit, John G. Roberts, Jr., Chief Justice. June 29, 2009. (For next previous allotment, see 546 U. S., p. vi.) (For next subsequent allotment, see post, p. vii.) vi 557US2 Unit: $$UV [05-27-14 17:04:47] PGT: FRT SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective August 17, 2009, viz.: For the District of Columbia Circuit, John G. Roberts, Jr., Chief Justice. For the First Circuit, Stephen Breyer, Associate Justice. For the Second Circuit, Ruth Bader Ginsburg, Associate Justice. For the Third Circuit, Samuel A. Alito, Jr., Associate Justice. For the Fourth Circuit, John G. Roberts, Jr., Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Samuel A. Alito, Jr., Associate Justice. For the Ninth Circuit, Anthony M. Kennedy, Associate Justice. For the Tenth Circuit, Sonia Sotomayor, Associate Justice. For the Eleventh Circuit, Clarence Thomas, Associate Justice. For the Federal Circuit, John G. Roberts, Jr., Chief Justice. August 17, 2009. (For next previous allotment, see ante, p. vi.) vii 557US2 Unit: UVII [07-07-14 13:06:18] PGT: FRT RETIREMENT OF JUSTICE SOUTER Supreme Court of the United States MONDAY, JUNE 29, 2009 Present: Chief Justice Roberts, Justice Stevens, Justice Scalia, Justice Kennedy, Justice Souter, Jus­ tice Thomas, Justice Ginsburg, Justice Breyer, and Justice Alito. The Chief Justice said: And now we note with sadness that this is the last session in which our friend and colleague, Justice David Souter, will be on the Bench with us. He has served on this Court faith­ fully and with great distinction since October 1990. We wish him the best in his well-deserved retirement. On this occasion, we have sent Justice Souter a letter that I will now read. It’s dated today. Supreme Court of the United States, Chambers of The Chief Justice, Washington, D. C., June 29, 2009. Dear David: We have all felt a profound sense of loss since the an­ nouncement of your decision to retire. For nearly twenty years, the Court has had the benefit of your wisdom, civility, and dedication to the cause of justice. Your keen intellect and broad knowledge have enlarged our deliberations and enriched the Court’s jurisprudence. We deeply value the times we have shared in judicial serv­ ice. We understand your desire to trade white marble for ix 557US2 Unit: UVII [07-07-14 13:06:18] PGT: FRT x RETIREMENT OF JUSTICE SOUTER White Mountains, and return to your land “of easy wind and downy flake.” Though you will not be among us in our daily labors, we are grateful that the privilege of your sturdy friendship will endure long beyond your departure from the bench and tables we have shared. Affectionately, .John G Roberts, Jr. John Paul Stevens Antonin Scalia Anthony M. Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel A. Alito, Jr. Sandra Day O’Connor Justice Souter said: I’ve written the following reply. Supreme Court of the United States, Chambers of David H. Souter, Washington, D. C., June 29, 2009. Dear Colleagues, Your generous letter has touched me more than I can say, and I will only try to leave you with some sense of what our common service has meant to me. You quoted the Poet, and I will, too, in words that set out the ideal of the life engaged, “ . where love and need are one....” That phrase accounts for the finest moments of my life on this Court, as we have agreed or contended with each other over those things that matter to decent people in a civil soci­ ety. For nineteen Terms, I have lived that life with you, all of us sharing our own best years with one another, working side by side as fellow servants and as friends. I will not sit with you at our bench again after the Court rises for the Summer this time, but neither will I retire from our friendship, which has held us together despite the pull of 557US2 Unit: UVII [07-07-14 13:06:18] PGT: FRT RETIREMENT OF JUSTICE SOUTER xi the most passionate dissent. It has made the work lighter through all my tenure here, and for as long as I live, I will be thankful for it, and be under a very grateful obligation to each one of you. Yours affectionately, David 557US2 Unit: $UXI [07-07-14 13:08:37] PGT: FRT APPOINTMENT OF JUSTICE SOTOMAYOR Supreme Court of the United States TUESDAY, SEPTEMBER 8, 2009 Present: Chief Justice Roberts, Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Breyer, Justice Alito, and Justice Sotomayor. The Chief Justice said: This special sitting of the Court is held today to receive the Commission of the newly appointed Associate Justice of the Supreme Court of the United States, Sonia Sotomayor. We are pleased to have with us today the President of the United States.