762
Syllabus
protection, could be recognized if a core guarantee, or the judicial capacity to protect it, would be placed at risk absent complementary protection, see, e. g., McCarthy v. Arndstein, 266 U. S. 34, 40. However, Martinez cannot make the "powerful showing" necessary to expand protection of the privilege against self-incrimination to the point of the civil liability he requests. Inherent in his purely Fifth Amendment claim is the risk of global application in every instance of interrogation producing a statement inadmissible under the Fifth and Fourteenth Amendments, or violating one of the complementary rules this Court has accepted in aid of the core privilege. And Martinez has offered no reason to believe that this new rule is necessary in aid of the basic guarantee. Pp. 777-779.
Thomas, J., announced the judgment of the Court and delivered an opinion, which was joined by Rehnquist, C. J., in full, by O'Connor, J., as to Parts I and II-A, and by Scalia, J., as to Parts I and II. Souter, J., delivered an opinion, Part II of which was for the Court and was joined by Stevens, Kennedy, Ginsburg, and Breyer, JJ., and Part I of which concurred in the judgment and was joined by Breyer, J., post, p. 777. Scalia, J., filed an opinion concurring in part in the judgment, post, p. 780. Stevens, J., filed an opinion concurring in part and dissenting in part, post, p. 783. Kennedy, J., filed an opinion concurring in part and dissenting in part, which was joined by Stevens, J., in full and by Ginsburg, J., as to Parts II and III, post, p. 789. Ginsburg, J., filed an opinion concurring in part and dissenting in part, post, p. 799.
Lawrence S. Robbins argued the cause for petitioner. With him on the briefs were Roy T. Englert, Jr., Kathryn S. Zecca, Alan E. Wisotsky, Jeffrey Held, and Gary L. Gillig.
Deputy Solicitor General Clement argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Assistant Attorney General McCallum, John P. Elwood, Barbara L. Herwig, and Peter R. Maier.
Richard S. Paz argued the cause for respondent. With him on the brief was Sonia Mercado.*
*Briefs of amici curiae urging reversal were filed for the State of California ex rel. Bill Lockyer by Mr. Lockyer, Attorney General, pro se, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior
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