Cite as: 521 U. S. 261 (1997)
Opinion of the Court
quist, C. J., and O’Connor, Scalia, and Thomas, JJ., joined, and an opinion with respect to Parts II-B, II-C, and II-D, in which Rehnquist, C. J., joined. O’Connor, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia and Thomas, JJ., joined, post, p. 288. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, post, p. 297.
Clive J. Strong, Deputy Attorney General of Idaho, argued the cause for petitioners. With him on the briefs were Alan G. Lance, Attorney General, and Steven W. Strack, Deputy Attorney General.
Raymond C. Givens argued the cause for respondents. With him on the brief were David J. Bederman and Shannon D. Work.*
Justice Kennedy announced the judgment of the Court and delivered the opinion of the Court with respect to Parts
*Richard Ruda and James I. Crowley filed a brief for the Council of State Governments et al. as amici curiae urging reversal.
Briefs of amicus curiae urging affirmance were filed for the United States by Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Jeffrey P. Minear, Anne S. Almy, and Edward J. Shawaker; and for the American Civil Liberties Union by Robin L. Dahlberg and Steven R. Shapiro.
Briefs of amici curiae were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, Roderick E. Walston, Chief Assistant Attorney General, and Jan S. Stevens, Assistant Attorney General, joined by the Attorneys General for their respective States as follows: Jeff Sessions of Alabama, Bruce M. Botelho of Alaska, Grant Woods of Arizona, Winston Bryant of Arkansas, Gale A. Norton of Colorado, Richard Blumenthal of Connecticut, Robert A. Butterworth of Florida, Margery S. Bronster of Hawaii, Thomas J. Miller of Iowa, Frank J. Kelley of Michigan, Hubert H. Humphrey III of Minnesota, Jeremiah W. Nixon of Missouri, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Mark Barnett of South Dakota, Jan Graham of Utah, Christine O. Gregoire of Washington, and James E. Doyle of Wisconsin; and for the Stockbridge-Munsee Indian Community by Richard Dauphinais.
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