JACKSON v. BIRMINGHAM BD. OF ED.

Attorney(s) appearing for the Case

Walter Dellinger argued the cause for petitioner. With him on the briefs were Marcia D. Greenberger, Jocelyn Samuels, Dina R. Lassow, Matthew D. Roberts, and Pamela A. Harris.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Acosta, Dennis J. Dimsey, and Linda F. Thome.

Kenneth L. Thomas argued the cause for respondent. With him on the brief was Valerie L. Acoff.

Kevin C. Newsom, Solicitor General of Alabama, argued the cause for the State of Alabama et al. as amici curiae urging affirmance. With him on the brief were Troy King, Attorney General, and the Attorneys General for their respective States as follows: M. Jane Brady of Delaware, Mark J. Bennett of Hawaii, Brian Sandoval of Nevada, Hardy Myers of Oregon, Lawrence E. Long of South Dakota, Paul G. Summers of Tennessee, Mark L. Shurtleff of Utah, and Jerry W. Kilgore of Virginia.*

O'CONNOR, J., delivered the opinion of the Court, in which STEVENS, SOUTER, GINSBURG, and BREYER, JJ., joined. THOMAS, J., filed a dissenting opinion, in which REHNQUIST, C. J., and SCALIA and KENNEDY, JJ., joined, p. 184.