784
Opinion of Scalia, J.
The same is true of the noise restrictions and the "images observable" provision of ¶ (4).8 That paragraph does not refer to the 36-foot or the 300-foot buffer zones, nor does it relate to the constitutionality of the "in concert" provision. As such, although I am inclined to agree with the Court's resolution respecting the noise and images restrictions, I believe the Court should refrain from deciding their constitutionality because they are not challenged by the questions on which certiorari was granted.
IV
For the reasons stated, I concur in Parts I, II, III-E, and IV of the Court's opinion, and respectfully dissent from the remaining portions.
Justice Scalia, with whom Justice Kennedy and Justice Thomas join, concurring in the judgment in part and dissenting in part.
The judgment in today's case has an appearance of moderation and Solomonic wisdom, upholding as it does some
trial court respecting petitioners' conduct—independent of petitioners' obstruction of ingress and egress—that support the entire 36-foot zone makes the Court's micromanagement of the injunction particularly inappropriate. See, e. g., App. 53 ("The clinic has fences on its west and north side, and persons would occasionally place a ladder on the outside of the fence and position themselves at an elevation above the fence and attempt to communicate by shouting at persons (staff and patients) entering the clinic"); id., at 54 ("[T]he doctor was followed as he left the clinic by a person associated with the [petitioners] who communicated his anger to the doctor by pretending to shoot him from the adjoining vehicle"); id., at 54-55 (noting that "a physician similarly employed was killed by an antiabortionist at a clinic in North Florida").
8 Paragraph (4) provides in full: "During the hours of 7:30 a.m. through noon, on Mondays through Saturdays, during surgical procedures and recovery periods, from singing, chanting, whistling, shouting, yelling, use of bullhorns, auto horns, sound amplification equipment or other sounds or images observable to or within earshot of the patients inside the Clinic." Id., at 59.
Page: Index Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 NextLast modified: October 4, 2007