Cite as: 538 U. S. 11 (2003)
Syllabus
a proportionality principle cannot be intelligently applied, and why Solem v. Helm, 463 U. S. 277, should not be given stare decisis effect. Pp. 31-32.
Justice Thomas concluded that petitioner's sentence does not violate the Eighth Amendment's prohibition against cruel and unusual punishments because the Amendment contains no proportionality principle. P. 32.
O'Connor, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Kennedy, J., joined. Scalia, J., post, p. 31, and Thomas, J., post, p. 32, filed opinions concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 32. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 35.
Quin Denvir, by appointment of the Court, 535 U. S. 1076, argued the cause for petitioner. With him on the briefs were David M. Porter, Karyn H. Bucur, and Mark E. Haddad.
Donald E. De Nicola, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Jaime L. Fuster, Kristofer S. Jorstad, and David C. Cook, Deputy Attorneys General.
Assistant Attorney General Chertoff argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Deputy Solicitor General Dreeben, John P. Elwood, and Joel M. Gershowitz.*
*Donald M. Falk, Andrew H. Schapiro, and Mary Price filed a brief for Families Against Mandatory Minimums as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the State of Alabama et al. by William H. Pryor, Jr., Attorney General of Alabama, Nathan A. Forrester, Solicitor General, and Michael B. Billingsley, Deputy Solicitor General, and by the Attorneys General for their respective States as follows: Steve Carter of Indiana, Don Stenberg of Nebraska,
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