Hudson v. McMillian, 503 U.S. 1, 3 (1992)

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Cite as: 503 U. S. 1 (1992)

Syllabus

ture of their acts, they make a claim not addressed by the Court of Appeals, not presented by the question on which this Court granted certiorari, and, accordingly, not before this Court. Pp. 11-12. 929 F. 2d 1014, reversed.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, and Souter, JJ., joined, and in which Stevens, J., joined as to Parts I, II-A, II-B, and II-C. Stevens, J., filed an opinion concurring in part and concurring in the judgment, post, p. 12. Blackmun, J., filed an opinion concurring in the judgment, post, p. 13. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, post, p. 17.

Alvin J. Bronstein, by appointment of the Court, 500 U. S. 903, argued the cause for petitioner. With him on the briefs were John A. Powell, Steven R. Shapiro, Mark J. Lopez, and Elizabeth Alexander.

Deputy Solicitor General Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorneys General Dunne and Mueller, Acting Deputy Solicitor General Wright, and Ronald J. Mann.

Harry McCall, Jr., Special Assistant Attorney General of Louisiana, argued the cause for respondents. With him on the brief were William J. Guste, Jr., Attorney General, Jonathan C. McCall, Special Assistant Attorney General, and Jenifer Schaye, Clifton O. Bingham, Jr., Houston C. Gascon III, and Joseph Erwin Kopsa, Assistant Attorneys General.*

*Briefs of amici curiae urging reversal were filed for Americans for Effective Law Enforcement, Inc., by Daniel B. Hales, Emory A. Plitt, Jr., Wayne W. Schmidt, and James P. Manak; for the D. C. Prisoners' Legal Services Project, Inc., by Theodore A. Howard and Richard J. Arsenault; for Human Rights Watch by Cameron Clark; and for the Prisoners' Legal Service of New York by John A. Gresham and Stephen M. Latimer.

A brief of amici curiae urging affirmance was filed for the State of Texas et al. by Dan Morales, Attorney General of Texas, Will Pryor, First Assistant Attorney General, Mary F. Keller, Deputy Attorney General, and Michael P. Hodge, Charles A. Palmer, Sharon Felfe, and Adrian L. Young, Assistant Attorneys General, joined by the Attorneys General for their respective States as follows: Warren Price III of Hawaii, Joseph B. Meyer of Wyoming, Frankie Sue Del Papa of Nevada, and Robert A. Butterworth of Florida.

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