Cite as: 535 U. S. 564 (2002)
Syllabus
strict scrutiny. Prudence dictates allowing the Third Circuit to first examine these difficult issues. Because petitioner did not ask to have the preliminary injunction vacated, and because this Court could not do so without addressing matters the Third Circuit has yet to consider, the Government remains enjoined from enforcing COPA absent further action by the lower courts. Pp. 585-586.
217 F. 3d 162, vacated and remanded.
Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which Rehnquist, C. J., and O'Connor, Scalia, and Breyer, JJ., joined, an opinion with respect to Part III-B, in which Rehnquist, C. J., and O'Connor and Scalia, JJ., joined, and an opinion with respect to Parts III-A, III-C, and III-D, in which Rehnquist, C. J., and Scalia, J., joined. O'Connor, J., post, p. 586, and Breyer, J., post, p. 589, filed opinions concurring in part and concurring in the judgment. Kennedy, J., filed an opinion concurring in the judgment, in which Souter and Ginsburg, JJ., joined, post, p. 591. Stevens, J., filed a dissenting opinion, post, p. 602.
Solicitor General Olson argued the cause for petitioner. With him on the briefs were Acting Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Irving L. Gornstein, Barbara L. Herwig, Jacob M. Lewis, and Charles Scarborough.
Ann E. Beeson argued the cause for respondents. With her on the briefs were Christopher A. Hansen, Steven R. Shapiro, Stefan Presser, David L. Sobel, Alexandra A. E. Shapiro, and Christopher R. Harris.*
*Briefs of amici curiae urging reversal were filed for the County of DuPage by Richard Hodyl, Jr., Joseph E. Birkett, and Nancy J. Wolfe; for the American Center for Law and Justice by Jay Alan Sekulow, James M. Henderson, Sr., Colby M. May, and Walter M. Weber; for Morality in Media, Inc., et al. by Paul J. McGeady, Robin S. Whitehead, and Janet M. LaRue; for Wallbuilders, Inc., by Barry C. Hodge; for Senator John S. McCain et al. by Bruce A. Taylor; and for Senator Raymond N. Haynes et al. by Richard D. Ackerman and Gary G. Kreep.
Briefs of amici curiae urging affirmance were filed for the American Society of Journalists and Authors et al. by Carl A. Solano, Theresa E. Loscalzo, Jennifer DuFault James, Joseph T. Lukens, and Dionna K. Litvin; for the Association of National Advertisers, Inc., by Steven G. Brody
565
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007