The decision is 5-4 based upon “deprivation of equal liberty of persons that is protected under the Fifth amendment.” (Amy Howe, SCOTUSblog) Robert, Alito, Scalia and Thomas dissenting. Opinion is by Kennedy joined by Ginsburg, Breyer, Kagan and Sotomayor.
Sekhar v. US is affirmed in 9-0 decision and the Second Circuit is reversed.
Prop. 8: The decision by the Ninth Circuit is vacated and remanded 5-4. Majority is Roberts joined by Scalia, Ginsberg, Breyer, and Kagan. Alito, Kennedy, Thomas and Sotomayor dissenting. Majority states that the Ninth did not have jurisdiction to hear the appeal and it has been remanded to them with instructions to dismiss the appeal.