COOK v. GRALIKE

No. 99-929.

531 U.S. 510 (2001)

COOK v. GRALIKE et al.

United States Supreme Court.

Decided February 28, 2001.


Attorney(s) appearing for the Case

James R. McAdams argued the cause for petitioner. With him on the briefs were Jeremiah W. (Jay) Nixon, Attorney General of Missouri, James R. Layton, State Solicitor, and Tina M. Crow Halcomb and J. Eric Durr, Assistant Attorneys General.

Jonathan S. Franklin argued the cause for respondents. With him on the brief were H. Christopher Bartolomucci and Arthur A. Benson II.

Deputy Solicitor General Underwood argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Paul R. Q. Wolfson, and Douglas N. Letter.*

Stevens, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, and Breyer, JJ., joined, in which Souter, J., joined as to Parts I, II, and IV, and in which Thomas, J., joined as to Parts I and IV. Kennedy, J., filed a concurring opinion, p. 527. Thomas, J., filed an opinion concurring in part and concurring in the judgment, p. 530. Rehnquist, C. J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, p. 530.


Justice Stevens, delivered the opinion of the Court.

In U. S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), we reviewed a challenge to an Arkansas law that prohibited the name of an otherwise eligible candidate for the United States Congress from appearing on the general election ballot if he or she had already served three terms in the House of Representatives or two terms in the Senate. We held that the ballot...

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