ASHCROFT v. AMERICAN CIVIL LIBERTIES UNION

Attorney(s) appearing for the Case

Solicitor General Olson argued the cause for petitioner. With him on the briefs were Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Irving L. Gornstein, Barbara L. Herwig, Jacob M. Lewis, and Charles Scarborough.

Ann E. Beeson argued the cause for respondents. With her on the briefs were Christopher A. Hansen, Steven R. Shapiro, Stefan Presser, David L. Sobel, Alexandra A. E. Shapiro, and Christopher R. Harris.*

Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which Rehnquist, C. J., and O'Connor, Scalia, and Breyer, JJ., joined, an opinion with respect to Part III—B, in which Rehnquist, C. J., and O'Connor and Scalia, JJ., joined, and an opinion with respect to Parts III—A, III—C, and III—D, in which Rehnquist, C. J., and Scalia, J., joined. O'Connor, J., p. 586, and Breyer, J., p. 589, filed opinions concurring in part and concurring in the judgment. Kennedy, J., filed an opinion concurring in the judgment, in which Souter and Ginsburg, JJ., joined, p. 591. Stevens, J., filed a dissenting opinion, p. 602.