Olmstead v. L. C., 527 U.S. 581, 6 (1999)

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586

OLMSTEAD v. L. C.

Opinion of the Court

ion with respect to Part III-B, in which O'Connor, Souter, and Breyer, JJ., joined. Stevens, J., filed an opinion concurring in part and concurring in the judgment, post, p. 607. Kennedy, J., filed an opinion concurring in the judgment, in which Breyer, J., joined as to Part I, post, p. 608. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, post, p. 615.

Beverly Patricia Downing, Senior Assistant Attorney General of Georgia, argued the cause for petitioners. With her on the briefs were Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Jefferson James Davis, Special Assistant Attorney General, and Jeffrey S. Sutton.

Michael H. Gottesman argued the cause for respondents. With him on the brief were Steven D. Caley, Susan C. Jamieson, and David A. Webster.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Lee, Deputy Solicitor General Under-wood, Jessica Dunsay Silver, and Gregory B. Friel.*

*Briefs of amici curiae urging reversal were filed for the State of Nevada et al. by Frankie Sue Del Papa, Attorney General of Nevada, and Anne B. Cathcart, Special Assistant Attorney General, Mike Moore, Attorney General of Mississippi, and Robert E. Sanders, Assistant Attorney General, John Cornyn, Attorney General of Texas, Andy Taylor, First Assistant Attorney General, Linda S. Eads, Deputy Attorney General, and Gregory S. Coleman, Solicitor General, and by the Attorneys General for their respective States as follows: Ken L. Salazar of Colorado, Jeffrey A. Modisett of Indiana, Margery S. Bronster of Hawaii, Richard P. Ieyoub of Louisiana, Thomas F. Reilly of Massachusetts, Joseph P. Mazurek of Montana, Charles M. Condon of South Carolina, Paul G. Summers of Tennessee, Christine O. Gregoire of Washington, and Gay Woodhouse of Wyoming; and for the National Conference of State Legislatures et al. by Richard Ruda and James I. Crowley.

Briefs of amici curiae urging affirmance were filed for the American Association on Mental Retardation et al. by Alan M. Wiseman, Timothy K. Armstrong, and Ira A. Burnim; for the American Civil Liberties Union et al. by Laurie Webb Daniel and Steven R. Shapiro; for the American

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