LACKAWANNA COUNTY DISTRICT ATTORNEY v. COSS

Attorney(s) appearing for the Case

William P. O'Malley argued the cause for petitioners. With him on the brief were Eugene M. Talerico and Andrew J. Jarbola III.

Robert M. Russel, Assistant Solicitor General of Colorado, argued the cause for the State of Colorado et al. as amici curiae urging reversal. With him on the brief were Ken Salazar, Attorney General of Colorado, Dan Schweitzer, and the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Bruce M. Botelho of Alaska, Mark Pryor of Arkansas, M. Jane Brady of Delaware, Carla J. Stovall of Kansas, Tom Reilly of Massachusetts, Jennifer M. Granholm of Michigan, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Philip T. McLaughlin of New Hampshire, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Jan Graham of Utah, William H. Sorrell of Vermont, Mark L. Earley of Virginia, and Christine O. Gregoire of Washington.

James V. Wade argued the cause for respondent. With him on the brief was Daniel I. Siegel.*

O'Connor, J., delivered the opinion of the Court with respect to Parts I, II, III—A, and IV, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined, an opinion with respect to Part III—C, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, and an opinion with respect to Part III—B, in which Rehnquist, C. J., and Kennedy, J., joined. Souter, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, p. 408. Breyer, J., filed a dissenting opinion, p. 410.