Cite as: 538 U. S. 135 (2003)
Syllabus
Ginsburg, J., delivered the opinion for a unanimous Court with respect to Parts I, II, and IV, and the opinion of the Court with respect to Part III, in which Stevens, Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and O'Connor and Breyer, JJ., joined, post, p. 166. Breyer, J., filed an opinion concurring in part and dissenting in part, post, p. 182.
Carter G. Phillips argued the cause for petitioner. With him on the briefs were Stephen B. Kinnaird, Fred Adkins, Rodney L. Baker II, and Laura D. Hunt.
David B. Salmons argued the cause pro hac vice 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 Clement, Anthony J. Steinmeyer, and Peter R. Maier.
Richard J. Lazarus argued the cause for respondents. With him on the brief were James A. McKowen, James H. Rion, Jr., and Lawrence M. Mann.*
*Briefs of amici curiae urging reversal were filed for the Association of American Railroads by Daniel Saphire, Randall A. Jordan, Mary Helen Moses, and William A. Brasher; for the American Insurance Association by Seth P. Waxman, Edward C. DuMont, Kimberly Parker, Craig A. Berrington, and Lynda S. Mounts; for the Chamber of Commerce of the United States by Evan M. Tager, Eileen Penner, Miriam R. Nemetz, and Robin S. Conrad; and for Trial Lawyers for Public Justice by Arthur H. Bryant, Brent M. Rosenthal, Misty A. Farris, and Kevin D. McHargue. Briefs of amici curiae urging affirmance were filed for the State of West Virginia et al. by Darrell V. McGraw, Jr., Attorney General of West Virginia, Frances Ann Hughes, Managing Deputy Attorney General, Silas Taylor, Senior Deputy Attorney General, and Robert Kono, Acting Attorney General of Guam, and by the Attorneys General for their respective States as follows: Bill Lockyer of California, M. Jane Brady of Delaware, Thomas J. Miller of Iowa, G. Steven Rowe of Maine, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Mike Hatch of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Philip T. McLaughlin of New Hampshire, Patricia A. Madrid of New Mexico, Eliot Spitzer of New York, Roy Cooper of North Carolina, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Sheldon White-house of Rhode Island, and William H. Sorrell of Vermont; and for the
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