Berk v. Choy
Decided January 20, 2026. Amy Coney Barrett delivered the opinion of the Court.
Docket 24-440
Holding
Delaware law requiring a plaintiff suing for medical malpractice to provide an affidavit from a medical professional attesting to the suit’s merit, Del. Code, Tit. 18, §6853(a)(1), conflicts with a valid Federal Rule of Civil Procedure and does not apply in federal court.
The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. Read the official opinion for authority.
How the Justices voted
Decided 9–0.
Majority · 8
- John G. Roberts, Jr.
- Clarence Thomas
- Samuel A. Alito, Jr.
- Sonia Sotomayor
- Elena Kagan
- Neil M. Gorsuch
- Brett M. Kavanaugh
- Amy Coney Barrett · delivered the opinion of the Court
Concurring · 1
- Ketanji Brown Jackson · filed an opinion concurring in the judgment
“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. The lineup is the syllabus’s disposition of who wrote and joined each opinion. Source: the opinion’s syllabus (supremecourt.gov).
Official text
Read the official opinion (PDF, supremecourt.gov)
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Amy Coney Barrett’s profile · All Supreme Court opinions · The Supreme Court
Source: Supreme Court of the United States, slip opinions (2026). Data last verified 2026-08-15. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).