In addition to McDonald (a big win), we have three other cases. In Christian Legal Society v. Martinez, the court ruled that it is legal for a public university with an “all comers” policy to require religious groups to include non-believers as a condition for recognition. I think we’ll see a lot of all-comers policies now. In Bilski v. Kappos the court ruled 9-0 against bogus patents. In Free Enterprise Fund v. PCAOB, the court ruled that the Public Company Accounting Oversight Board is unconstitutional, but declined to stop it from operating, which seems like the constitutional equivalent of awarding $1 in damages.
So call it a 2.25/4 record today with a big win in McDonald, which I suppose is pretty good. Kennedy was in the majority for all four decisions.
UPDATE: Good analysis of CLS v. Martinez here.
UPDATE: Apparently Bilski v. Kappos did not categorically rule against business methods patents. I won’t have a chance to read that decision any time soon, but I’ll link an analysis when I see a good one.
Internet Scofflaw 