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Wal-Mart Stores v. Dukes

Updated Oct 18, 2026

In brief

The Supreme Court overturned approval of the nationwide class but did not decide whether the women could qualify under a different class-action rule.

Where it stands
Decided

Decided 9-0 · June 20, 2011 · Opinion by Justice Scalia

What it’s about
Betty Dukes and other women alleged Wal-Mart’s policies led to lower pay and fewer promotions, and sought to sue for women employees nationwide.
Who it affects
The women could not pursue their claims together in the nationwide class the appeals court had approved.

Summary: written with AI from the case record.

Illustration for Wal-Mart Stores, Inc. v. Betty Dukes
Conceptual illustration · AI-generated

What it's about

The Supreme Court overturned class approval because the claims lacked a question common to all members, and ruled that backpay claims could not use the class-action rule the lower court applied.

Betty Dukes and other women employees alleged that Wal-Mart's policies led to lower pay and fewer promotions. They sought to bring those claims for women employees nationwide.

Federal rules set conditions for combining many people's claims in one class-action lawsuit.

Question presented

Can the small group of women who began the case represent a gigantic class of women?

What the Court decided

Holding

1. The certification of the plaintiff class was not consistent with Rule 23(a). 2. Respondents’ backpay claims were improperly certified under Rule 23(b)(2). 603 F. 3d 571, reversed.

Result
Reversed

The vote

  • Joined the judgment
  • Wrote an opinion
Majority · 9joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomas
  4. Scaliawrote the opinion
  5. Kennedy
  6. Ginsburgalso wrote separately
  7. Sotomayor
  8. Roberts
  9. Alito
9 justices joined the judgment.

From the opinions

“The Court, however, disqualifies the class at the starting gate, holding that the plaintiffs cannot cross the “commonality” line set by Rule 23(a).”

— Justice Ginsburg(dissent)

What's next

The Court did not decide whether the women's alternative request under Rule 23(b)(3) met that rule's requirements. Justice Ginsburg said that question should be considered in further proceedings.

Documents

2

Opinions

  • Wal-Mart

    Scalia, Ginsburg, Breyer, Sotomayor, Kagan

Audio

View the full docket on supremecourt.gov

Docket activity

10
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Dukes

    Oct 30, 2014 · Court records

  • Opinion added: Wal-Mart

    Jun 20, 2011 · Court records

More questions

1
Did the Court decide whether Wal-Mart discriminated against the women?
No. It ruled on whether the claims could be brought together in this class, not whether the discrimination allegations were true.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis