ADARAND CONSTRUCTORS, INC. v. PENA

Attorney(s) appearing for the Case

William Perry Pendley argued the cause for petitioner. With him on the briefs were Todd S. Welch and Steven J. Lechner.

Solicitor General Days argued the cause for respondents. With him on the brief were Assistant Attorney General Patrick, Deputy Solicitor General Bender, Cornelia T. L. Pillard, David K. Flynn, Lisa C. Wilson, Paul M. Geier, and Edward V. A. Kussy.*

O'Connor, J., announced the judgment of the Court and delivered an opinion with respect to Parts I, II, III—A, III—B, III—D, and IV, which was for the Court except insofar as it might be inconsistent with the views expressed in the concurrence of Scalia, J., and an opinion with respect to Part III—C. Parts I, II, III—A, III—B, III—D, and IV of that opinion were joined by Rehnquist, C. J., and Kennedy and Thomas, JJ., and by Scalia, J., to the extent heretofore indicated; and Part III—C was joined by Kennedy, J. Scalia, J., p. 239, and Thomas, J., p. 240, filed opinions concurring in part and concurring in the judgment. Stevens, J.,filed a dissenting opinion, in which Ginsburg, J., joined, p. 242. Souter, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, p. 264. Ginsburg, J., filed a dissenting opinion, in which Breyer, J., joined, p. 271.