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OVERTON v. BAZZETTA

No. 02-94.

539 U.S. 126 (2003)

OVERTON, DIRECTOR, MICHIGAN DEPARTMENT OF CORRECTIONS, ET AL. v. BAZZETTA ET AL.

Supreme Court of United States.

Decided June 16, 2003.

Attorney(s) appearing for the Case

Thomas L. Casey, Solicitor General of Michigan, argued the cause for petitioners. With him on the briefs were Mike Cox, Attorney General, and Leo H. Friedman, Mark Matus, and Lisa C. Ward, Assistant Attorneys General.

Jeffrey A. Lamken argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, and Robert M. Loeb.

Deborah LaBelle argued the cause for respondents. With her on the brief were Barbara R. Levine and Patricia A. Streeter.*

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. STEVENS, J., filed a concurring opinion, in which SOUTER, GINSBURG, and BREYER, JJ., joined, p. 137. THOMAS, J., filed an opinion concurring in the judgment, in which SCALIA, J., joined, p. 138.

JUSTICE KENNEDY delivered the opinion of the Court.

The State of Michigan, by regulation, places certain restrictions on visits with prison inmates. The question before the Court is whether the regulations violate the substantive due process mandate of the Fourteenth Amendment, or the First or Eighth Amendments as applicable to the States through the Fourteenth Amendment.

I

The population of Michigan's prisons...

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