KIMEL v. FLORIDA BD. OF REGENTS

Attorney(s) appearing for the Case

Jeremiah A. Collins argued the cause for petitioners in No. 98-791, and respondents under this Court's Rule 12.6 in support of petitioner in No. 98-796. With him on the brief were Robert H. Chanin, Laurence Gold, David Arendall, Thomas W. Brooks, and Gerald J. Houlihan.

Barbara D. Underwood argued the cause for the United States, as petitioner in No. 98-796, and respondent under this Court's Rule 12.6 in support of petitioners in No. 98-791. With her on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Lee, Patricia A. Millett, Jessica Dunsay Silver, and Seth M. Galanter.

Jeffrey S. Sutton argued the cause for state respondents in both cases. With him on the brief were Gregory G. Katsas, Robert A. Butterworth, Attorney General of Florida, Louis F. Hubener and Amelia Beisner, Assistant Attorneys General, Bill Pryor, Attorney General of Alabama, and Alice Ann Byrne and Jack Park, Assistant Attorneys General.†

O'Connor, J., delivered the opinion of the Court, Parts I, II, and IV of which were joined by Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., and Part III of which was joined by Rehnquist, C. J., and Stevens, Scalia, Souter, Ginsburg, and Breyer, JJ. Stevens, J., filed an opinion dissenting in part and concurring in part, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 92. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Kennedy, J., joined, p. 99.