Cite as: 518 U. S. 37 (1996)
Opinion of Scalia, J.
Joseph P. Mazurek, Attorney General of Montana, argued the cause for petitioner. With him on the briefs were Pamela P. Collins, Assistant Attorney General, Clay R. Smith, and Carter G. Phillips.
Miguel A. Estrada argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Nina Goodman.
Ann C. German argued the cause for respondent. With her on the brief was Amy N. Guth.*
Justice Scalia announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Kennedy, and Justice Thomas join.
We consider in this case whether the Due Process Clause is violated by Montana Code Annotated § 45-2-203, which provides, in relevant part, that voluntary intoxication "may
*Briefs of amici curiae urging reversal were filed for the State of Hawaii et al. by Margery S. Bronster, Attorney General of Hawaii, and Steven S. Michaels, Deputy Attorney General, and by the Attorneys General for their respective jurisdictions as follows: Bruce M. Botelho of Alaska, Grant Woods of Arizona, Winston Bryant of Arkansas, Gale A. Norton of Colorado, M. Jane Brady of Delaware, Carla J. Stovall of Kansas, Mike Moore of Mississippi, Jeremiah W. Nixon of Missouri, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Tom Udall of New Mexico, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Thomas W. Corbett, Jr., of Pennsylvania, Charles Molony Condon of South Carolina, Dan Morales of Texas, Darrell V. McGraw, Jr., of West Virginia, Malaetasi Togafau of American Samoa, and Richard Weil of the Northern Mariana Islands; for the American Alliance for Rights and Responsibilities et al. by Philip Allen Lacovara and Robert Teir; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson.
Diane Marie Amann and Barbara E. Bergman filed a brief for the
National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.
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