Cite as: 536 U. S. 424 (2002)
tory authority" or otherwise fall within § 14501(c)(2)(A)'s compass. This question, which was not reached by the Sixth Circuit, remains open on remand. P. 442.
257 F. 3d 506, reversed and remanded.
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which O'Connor, J., joined, post, p. 442.
Jeffrey S. Sutton argued the cause for petitioners. With him on the briefs were Traci L. Lovitt, Ronald E. Laymon, and Susan E. Ashbrook.
Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Mark B. Stern, Dana Martin, Kirk K. Van Tine, Paul M. Geier, and Dale C. Andrews.
Richard A. Cordray argued the cause for respondents. With him on the briefs was David A. Ferris.*
*Briefs of amici curiae urging reversal were filed for the State of Kansas et al. by Carla J. Stovall, Attorney General of Kansas, and Stephen R. McAllister, State Solicitor, joined by the Attorneys General for their respective States as follows: Bill Lockyer of California, Ken Salazar of Colorado, M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Steve Carter of Indiana, Thomas F. Reilly of Massachusetts, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Frankie Sue Del Papa of Nevada, Eliot Spitzer of New York, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Sheldon Whitehouse of Rhode Island, Mark Barnett of South Dakota, John Cornyn of Texas, Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, and Christine O. Gregoire of Washington; for the City of Dallas by Christopher D. Bowers; for Miami-Dade County by Leonard Leigh Elias; for the City and County of San Francisco et al. by Rose-Ellen Heinz, Moses W. Johnson IV, Michael F. Dean, Charles M. Hinton, Jr., Brad Neighbor, Scott H. Howard, Henry W. Underhill, Jr., Michael G. Colantuono, William B. Conners, Michael A. Cardozo, Leonard J. Koerner, George Rios, Valerie J. Armento, Debra E. Corbett, and Robert E. Murphy; for the City of Toledo et al. by Barry
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