Page:United States Reports, Volume 542.djvu/42

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Cite as: 542 U.S. 1 (2004)
3

Syllabus

Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, and in which Thomas, J., joined as to Part I, post, p. 18. O'Connor, J. , post, p. 33, and Thomas, J. , post, p. 45, filed opinions concurring in the judgment. Scalia, J., took no part in the consideration or decision of the case.

Terence J. Cassidy argued the cause for petitioners. With him on the briefs was Michael W. Pott.

Solicitor General Olson argued the cause for the United States as respondent under this Court's Rule 12.6 in support of petitioners. With him on the briefs were Assistant Attorney General Keisler, Deputy Solicitor General Clement, Deputy Assistant Attorney General Katsas, Patricia A. Millett, Robert M. Loeb, Lowell V. Sturgill, and Sushma Soni.

Michael A. Newdow, pro se, argued the cause and filed a brief as respondent.[1]


  1. Briefs of amici curiae urging reversal were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, R. Ted Cruz, Solicitor General, Barry R. McBee, First Assistant Attorney General, Edward D. Burbach and Don R. Willett, Deputy Attorneys General, Peter C. Harvey, Acting Attorney General of New Jersey, and Gerald J. Pappert, Acting Attorney General of Pennsylvania, and by the Attorneys General for their respective States as follows: William H. Pryor, Jr., of Alabama, Gregg D. Renkes of Alaska, Terry Goddard of Arizona, Mike Beebe of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, M. Jane Brady of Delaware, Charles J. Crist, Jr., of Florida, Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence G. Wasden of Idaho, Lisa Madigan of Illinois, Steve Carter of Indiana, Thomas J. Miller of Iowa, Phill Kline of Kansas, A. B. "Ben" Chandler of Kentucky, Richard P. Ieyoub of Louisiana, G. Steven Rowe of Maine, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Michael A. Cox of Michigan, Mike Hatch of Minnesota, Mike Moore of Mississippi, Jeremiah W. "Jay" Nixon of Missouri, Mike McGrath of Montana, Jon Bruning of Nebraska, Brian Sandoval of Nevada, Peter W. Heed of New Hampshire, Patricia A. Madrid of New Mexico, Eliot Spitzer of New York, Roy Cooper of North Carolina, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Patrick C. Lynch of Rhode Island, Henry McMaster of South