238
Opinion of the Court
which is hereby overruled. The Eight Circuit's decision is vacated in light of the Solicitor General's position in this Court. Pp. 241-253.
99 F. 3d 892, vacated and remanded.
Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, post, p. 253. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Thomas, JJ., joined, post, p. 254.
Eileen Penner argued the cause for petitioner. With her on the briefs was Alan Untereiner.
Matthew D. Roberts argued the cause for the United States. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.
Jeffrey S. Sutton, by invitation of the Court, 522 U. S. 944, argued the cause and filed a brief as amicus curiae.*
Justice Kennedy delivered the opinion of the Court.
We granted certiorari to determine whether the Court has jurisdiction to review decisions of the courts of appeals deny-*Briefs of amici curiae were filed for the State of California et al. by Daniel E. Lungren, Attorney General of California, George H. Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, and Eric L. Christoffersen and Ward A. Campbell, Deputy Attorneys General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Winston Bryant of Arkansas, Gale A. Norton of Colorado, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Margery S. Bronster of Hawaii, James E. Ryan of Illinois, Jeffrey A. Modisett of Indiana, Richard P. Ieyoub of Louisiana, Michael C. Moore of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, W. A. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Jeffrey B. Pine of Rhode Island, Mark Barnett of South Dakota, John Knox Walkup of Tennessee, Jan Graham of Utah, Mark L. Earley of Virginia, and William U. Hill of Wyoming; and for the National Association of Criminal Defense Lawyers by Edward M. Chikofsky and Lisa Kemler.
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