Hambsch III v. United States
On petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit.
The petition for a writ of certiorari is denied.
Memorandum of Justice STEVENS respecting the denial of the petition for writ of certiorari.
There are times when it is important to emphasize the fact that an order denying a petition for a writ of certiorari is not a ruling on the merits of any question presented by the petition. See Singleton v. Commissioner, 439 U.S. 940, 942, 99 S.Ct. 335, 337, 58 L.Ed.2d 335 (1978) (STEVENS, J., respecting the denial of certiorari). In my opinion, this is such an occasion.
Justice O'CONNOR, with whom Justice SCALIA and Justice KENNEDY join, dissenting.