STENBERG v. CARHART

Attorney(s) appearing for the Case

Don Stenberg, Attorney General of Nebraska, pro se, argued the cause for petitioners. With him on the briefs was L. Steven Grasz, Deputy Attorney General.

Simon Heller argued the cause for respondent. With him on the brief were Janet Benshoof, Priscilla J. Smith, Bonnie Scott Jones, Jerry M. Hug, and Alan G. Stoler.*

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Stevens, J., filed a concurring opinion, in which Ginsburg, J., joined, p. 946. O'Connor, J., filed a concurring opinion, p. 947. Ginsburg, J., filed a concurring opinion, in which Stevens, J., joined, p. 951. Rehnquist, C. J., p. 952, and Scalia, J., p. 953, filed dissenting opinions. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 956. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 980.