CHAVEZ v. MARTINEZ

Attorney(s) appearing for the Case

Lawrence S. Robbins argued the cause for petitioner. With him on the briefs were Roy T. Englert, Jr., Kathryn S. Zecca, Alan E. Wisotsky, Jeffrey Held, and Gary L. Gillig.

Deputy Solicitor General Clement argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Assistant Attorney General McCallum, John P. Elwood, Barbara L. Herwig, and Peter R. Maier.

Richard S. Paz argued the cause for respondent. With him on the brief was Sonia Mercado.*

THOMAS, J., announced the judgment of the Court and delivered an opinion, which was joined by REHNQUIST, C. J., in full, by O'CONNOR, J., as to Parts I and II-A, and by SCALIA, J., as to Parts I and II. SOUTER, J., delivered an opinion, Part II of which was for the Court and was joined by STEVENS, KENNEDY, GINSBURG, and BREYER, JJ., and Part I of which concurred in the judgment and was joined by BREYER, J., p. 777. SCALIA, J., filed an opinion concurring in part in the judgment, p. 780. STEVENS, J., filed an opinion concurring in part and dissenting in part, p. 783. KENNEDY, J., filed an opinion concurring in part and dissenting in part, which was joined by STEVENS, J., in full and by GINSBURG, J., as to Parts II and III, p. 789. GINSBURG, J., filed an opinion concurring in part and dissenting in part, p. 799.