No. 07–308, United States v. Clintwood Elkhorn Mining Co. et al.
Argued March
24, 2008
William
M. Jay argued the cause for the United States. With him on the briefs were
Solicitor General Clement, Acting Assistant Attorney General Morrison,
Deputy Solicitor General Hungar, Acting Deputy Assistant Attorney General
Rothenberg, Kenneth L. Greene, and Steven W. Parks.
Patricia
A. Millett argued the
cause for respondents. With her on the brief were Thomas C. Goldstein,
Steven H. Becker, Paul A. Horowitz, and Suzanne I. Offerman.
Anthony T. Caso, Karen R. Harned,
and Elizabeth Milito filed a brief for the National Federation of
Independent Business Legal Foundation as amicus curiae urging
affirmance.
Clifton S. Elgarten filed a brief for
Alliance Coal, LLC, as amicus curiae.
* * * *
No. 06–1413,
MeadWestvaco Corp., Successor in Interest to Mead Corp. v. Illinois
Department of Revenue et al.
Argued January 16, 2008
Beth
S. Brinkmann argued the cause for petitioner. With her on the briefs were Brian
R. Matsui, Paul H. Frankel, Craig B. Fields, and Roberta Moseley Nero.
Brian
F. Barov, Assistant
Attorney General of Illinois, argued the cause for respondents. With him on
the brief were Lisa Madigan, Attorney General, Michael A. Scodro,
Solicitor General, and Jane Elinor Notz, Deputy Solicitor General.
Briefs
of amici curiae urging reversal were filed for the Council on State
Taxation et al. by Todd A. Lard, Douglas L. Lindholm, Jan S.
Amundson, and Quentin Riegel; for Gannett Co. by Scott D. Smith; for
the Tax Executives Institute, Inc., by Eli J. Dicker, Shirley S. Grimmett,
and Timothy J. McCormally; and for the Walt Disney Co. by Paul R. Q.
Wolfson, Michael H. Salama, and Brandee A. Tilman.
Briefs of amici
curiae urging affirmance were filed for the State of California et al.
by Edmund G. Brown, Jr., Attorney General of California, Manuel M.
Mederios, State Solicitor General, David Chaney, Chief Assistant
Attorney General, Paul Gifford, Senior Assistant Attorney General, Gordon
Burns, Deputy Solicitor General, and Anne Michelle Burr and George
Spanos, Deputy Attorneys General, by Roberto J. Sánchez-Ramos,
Secretary of Justice of Puerto Rico, and by the Attorneys General for their
respective States as follows: Dustin McDaniel of Arkansas; Richard
Blumenthal of Connecticut, Bill McCollum of Florida, Lawrence G.
Wasden of Idaho, Steve Carter of Indiana, Thomas J. Miller
of Iowa, Paul J. Morrison of Kansas, G. Steven Rowe of Maine, Douglas
F. Gansler of Maryland, Michael A. Cox of Michigan, Lori Swanson
of Minnesota, Jeremiah W. (Jay) Nixon of Missouri, Catherine Cortez
Masto of Nevada, Kelly A. Ayotte of New Hampshire, Wayne
Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, Hardy
Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Henry
McMaster of South Carolina, Robert E. Cooper, Jr., of Tennessee,
Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, and Darrell
V. McGraw, Jr., of West Virginia; and for the Multistate Tax Commission by Sheldon
H. Laskin.
* * * *
No. 07–5439,
Baze et al. v. Rees, Commissioner, Kentucky Department of
Corrections, et al.
Argued
January 7, 2008
Donald
B. Verrilli, Jr., argued the cause for petitioners. With him on the briefs
were David M. Barron, Ginger D. Anders, and John Anthony
Palombi.
Roy
T. Englert, Jr.,
argued the cause for respondents. On the brief were Gregory D. Stumbo,
Attorney General of Kentucky, David A. Smith, Assistant Attorney
General, Jeffrey T. Middendorf, and John C. Cummings.
Deputy
Solicitor General Garre
argued the cause for the United States as amicus curiae in support of
respondents. With him on the brief were Solicitor General Clement,
Assistant Attorney General Fisher, Kannon K. Shanmugam, and Robert J.
Erickson.
Briefs of amici
curiae urging reversal were filed for the American Civil Liberties Union
et al. by John Holdridge, John W. Whitehead, and Steven
R. Shapiro; for the Fordham University School of Law, Louis Stein Center
for Law and Ethics by Alison J. Nathan, Bruce A. Green, and Bruce V.
Spiva; for Human Rights Watch by Andrew J. Pincus and Charles A.
Rothfeld; and for Michael Morales et al. by Elisabeth Semel and
Ty Alper.
Briefs of amici
curiae urging affirmance were filed for the State of Texas et al. by Greg
Abbott, Attorney General of Texas, Kent C. Sullivan, First Assistant
Attorney General, Eric J. R. Nichols, Deputy Attorney General for
Criminal Justice, R. Ted Cruz, Solicitor General, and Sean D. Jordan,
Deputy Solicitor General, by Kevin T. Kane, Chief State’s Attorney of
Connecticut, and by the Attorneys General for their respective States as
follows: Troy King of Alabama, Dustin McDaniel of Arkansas,
John W. Suthers of Colorado, Joseph R. Biden III of Delaware, Bill
McCollum of Florida, Thurbert E. Baker of Georgia, Lawrence G.
Wasden of Idaho, Paul J. Morrison of Kansas, Jim Hood of
Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of
Montana, Catherine Cortez Masto of Nevada, W. A. Drew Edmondson
of Oklahoma, Henry D. McMaster of South Carolina, Lawrence E. Long
of South Dakota, Robert E. Cooper, Jr., of Tennessee, Mark L.
Shurtleff of Utah, and Bruce A. Salzburg of Wyoming; and for the
Criminal Justice Legal Foundation by Kent S. Scheidegger.
Briefs of amici
curiae were filed for the American Association of Jewish Lawyers and
Jurists by Nathan Lewin, Alyza D. Lewin, Stephen R. Greenwald, and Robert
L. Weinberg; for the American Society of Anesthesiologists by Lawrence
J. Fox and Lisa S. McCalmont; for the Anesthesia Awareness Campaign,
Inc., by Richard M. Wyner; for Critical Care Providers et al. by Bradley
S. Phillips, Paul Watford, and Julie D. Cantor; and for Dr. Kevin
Concannon et al. by Simona G. Strauss.
* * * *
No. 06–11429, Burgess v. United States
Argued March 24, 2008
Jeffrey
L. Fisher, by appointment of the Court, 552 U. S. ___, argued the cause for
petitioner. With him on the briefs were Pamela S. Karlan, Amy Howe, Kevin
K. Russell, Laurence H. Tribe, and Thomas C. Goldstein.
Nicole
A. Saharsky argued the cause for the United States. With her on the brief were
Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor
General Dreeben, and Daniel S. Goodman.
Kevin
B. Huff, Peter Goldberger, Pamela Harris, and Mary Price filed a brief for the
National Association of Criminal Defense Lawyers et al. as amici curiae urging
reversal.
* * * *
No. 06–11543, Begay v. United States
Argued January 15, 2008
Margaret
A. Katze argued the cause for petitioner. With her on the briefs were Stephen
P. McCue and Charles McCormack.
Leondra
R. Kruger argued the cause for the United States. With her on the brief
were Solicitor General Clement, Assistant Attorney General Fisher,
Deputy Solicitor General Dreeben, and Richard A. Friedman.
Briefs of amici
curiae urging reversal were filed for Families Against Mandatory Minimums
Foundation by Mary Price and Scott L. Winkelman; and for the
National Association of Federal Defenders by Jeffrey T. Green, Ileana
M. Ciobanu, Matthew J. Warren, Robert N. Hochman, Carlos A.
Williams, Frances H. Pratt, Amy Baron-Evans, and William
Maynard.
Barbara
E. Bergman and
Peter Goldberger filed a brief for the National Association of Criminal
Defense Lawyers as amicus curiae.
* * * *
No. 06–1082, Virginia v. Moore
Argued January 14, 2008
Stephen
R. McCullough, Deputy State Solicitor General of Virginia, argued the cause
for petitioner. With him on the briefs were Robert F. McDonnell,
Attorney General, William E. Thro, State Solicitor General, William
C. Mims, Chief Deputy Attorney General, Marla Graff Decker, Deputy
Attorney General, and Leah A. Darron, Senior Assistant Attorney General.
Deputy
Solicitor General Dreeben argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Clement,
Assistant Attorney General Fisher, and Matthew D. Roberts.
Thomas
C. Goldstein argued
the cause for respondent. With him on the brief were S. Jane Chittom,
Pamela S. Karlan, Jeffrey L. Fisher, Amy Howe, and Kevin K. Russell.
Briefs of amici curiae
urging reversal were filed for the State of Texas et al. by Greg
Abbott, Attorney General of Texas, Kent C. Sullivan, First Assistant
Attorney General, Eric J. R. Nichols, Deputy Attorney General for
Criminal Justice, R. Ted Cruz, Solicitor General, and Susanna Dokupiland
Adam W. Aston, Assistant Solicitors General,
by Roberto J. Sánchez-Ramos, Secretary of Justice of Puerto Rico, and by
the Attorneys General for their respective States as follows: Troy King
of Alabama, Terry Goddard of Arizona, Dustin McDaniel of Arkansas, John
W. Suthers of Colorado, Bill McCollum of Florida, Lawrence G.
Wasden of Idaho, Michael A. Cox of Michigan, Jim Hood of
Mississippi, Catherine Cortez Masto of Nevada, Kelly A. Ayotte of
New Hampshire, W. A. Drew Edmondson of Oklahoma, Hardy Myers of
Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Henry D. McMaster
of South Carolina, Lawrence E. Long of South Dakota, Mark L.
Shurtleff of Utah, and Bruce A. Salzburg of Wyoming; and for Wayne
County, Michigan, by Kym L. Worthy and Timothy A. Baughman.
Briefs of amici
curiae urging affirmance were filed for the American Bar Association by William
H. Neukom and Rory K. Little; for the American Civil Liberties Union
et al. by Susan N. Herman, Steven R. Shapiro, and Rebecca
Glenberg; and for the Virginia Trial Lawyers Association by David B.
Hargett.
E.
Joshua Rosenkranz, Warrington S. Parker III, and Pamela Harris filed a
brief for the National Association of Criminal Defense Lawyers as amicus
curiae.
* * * *
No. 07–21,
Crawford et al. v. Marion County Election Board et al.; and
No. 07–25,
Indiana Democratic Party et al. v. Rokita, Secretary of State of
Indiana, et al.
Argued January 9, 2008
Paul
M. Smith argued the cause for petitioners in both cases. With him on the
briefs for petitioners in No. 07–25 were Sam Hirsch, William R. Groth, and
Joseph E. Sandler. Kenneth J. Falk, Jacquelyn Bowie Suess, Laughlin
McDonald, Neil T. Bradley, Steven R. Shapiro, Pamela S. Karlan, Jeffrey L.
Fisher, Angela Ciccolo, and Victor L. Goode filed briefs for
petitioners in No. 07–21.
Thomas
M. Fisher, Solicitor General of Indiana, argued the cause for respondents
in both cases. With him on the brief for the state respondents were Steve
Carter, Attorney General, and Julie A. Brubaker and Heather L.
Hagan, Deputy Attorneys General. Jon Laramore and James B.
Osborn filed a brief for respondent Marion County Election Board.
Solicitor
General Clement argued
the cause for the United States as amicus curiae urging affirmance. With
him on the brief were Acting Assistant Attorney General Becker, Deputy
Solicitor General Garre, Douglas Hallward-Driemeier, Diana K. Flynn, and Christy
A. McCormick.
Briefs
of amici curiae urging reversal in both cases were filed for the Asian
American Legal Defense and Education Fund et al. by Jonathan P. Guy and
Kenneth Kimerling; for the Brennan Center for Justice et al. by Sidney
S. Rosdeitcher and Wendy R. Weiser; for Current and Former State
Secretaries of State by Daniel F. Kolb; for the Cyber Privacy Project
et al. by Jonathan Albano; for the Electronic Privacy Information
Center et al. by Marc Rotenberg; for Historians et al. by J.
Gerald Hebert, Paul S. Ryan, and Charles J. Ogletree, Jr.; for the
Lawyers’ Committee for Civil Rights Under Law et al. by Walter E.
Dellinger, Sri Srinivasan, Jon M. Greenbaum, and Michael L. Murphy;
for the Mexican American Legal Defense and Educational Fund by Matthew M.
Shors, Michael C. Camuñez, John Trasviña, and Nina Perales; for the
NAACP Legal Defense and Educational Fund, Inc., by Theodore M. Shaw,
Jacqueline A. Berrien, Debo P. Adegbile, Ryan P. Haygood, and Kristen M.
Clarke; for the National Congress of American Indians et al. by Vernle
C. Durocher, Jr., and Glenn M. Salvo; for the National Law Center on
Homelessness & Poverty et al. by Carter G. Phillips and
Edward R. McNicholas; for Rock the Vote et al. by Charles S. Sims and
Emily Stern; for the Rutherford Institute by John W. Whitehead; for
R. Michael Alvarez et al. by Samuel R. Bagenstos and Milton Sherman;
for Richard L. Hasen by Mr. Hasen, pro se; for Congressman Keith
Ellison by Gerard Treanor; and for Senator Dianne Feinstein et al.
by Robert F. Bauer.
Briefs
of amici curiae urging reversal in No. 07–21 were filed for AARP
et al. by Patricia A. Brannan, Daniel B. Kohrman, and Michael R.
Schuster; and for the Asian American Justice Center et al. by Mark
A. Packman, Jonathan M. Cohen, Karen Narasaki, Vincent Eng, and Myron
Quon.
Briefs
of amici curiae urging affirmance in both cases were filed for the State
of Texas et al. by Greg Abbott, Attorney General of Texas, R.
Ted Cruz, Solicitor General, Kent C. Sullivan, First Assistant
Attorney General, David S. Morales, Deputy Attorney General for Civil
Litigation, and Philip A. Lionberger, Assistant Solicitor General, by
Roberto J. Sánchez-Ramos, Secretary of Justice of Puerto Rico, and by the
Attorneys General for their respective States as follows: Troy King of
Alabama, John W. Suthers of Colorado; Bill McCollum of Florida; Mark
J. Bennett of Hawaii, Michael A. Cox of Michigan, Jon Bruning of
Nebraska, and Lawrence E. Long of South Dakota; for Georgia Secretary of
State Karen C. Handel by Thurbert E. Baker, Attorney General of Georgia,
Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter, Senior
Assistant Attorney General, Mark H. Cohen, and Anne W. Lewis; for
the American Civil Rights Union by Peter J. Ferrara; for the American
Unity Legal Defense Fund by Barnaby W. Zall; for the Center for Equal
Opportunity et al. by John B. Nalbandian and Geoffrey Slaughter;
for the Conservative Party of New York State by Martin S. Kaufman; for
Democrat and Republican Election Professionals by Mark F. Hearne II;
for the Evergreen Freedom Foundation by Michael J. Reitz; for the
Lawyers Democracy Fund by Charles H. Bell, Jr., Harvey M. Tettlebaum,
and Mark G. Arnold; for the Mountain States Legal Foundation by William
Perry Pendley; for the Republican National Committee by Thomas J.
Josefiak; for the Washington Legal Foundation by Bert W. Rein, Daniel J.
Popeo, and Richard A. Samp; and for Doris Anne Sadler by Wayne C.
Turner and Michael R. Limrick.
John
H. Findley,
Sharon L. Browne, and Steven Geoffrey Gieseler filed a brief for
the Pacific Legal Foundation as amicus curiae urging affirmance in No.
07–21.
Briefs
of amici curiae were filed in both cases for the Association of
Community Organizations for Reform Now by David Overlock Stewart; for
the League of Women Voters of Indiana, Inc., et al. by Karen
Celestino-Horseman, Thomas N. Austin, Bruce G. Jones, Lewis J. Liman, Nelson A.
Nettles, and Raymond L. Faust; for Erwin Chemerinsky by Richard
W. Clary; for Christopher S. Elmendorf et al. by Daniel P. Tokaji;
for Senator Mitch McConnell et al. by Mr. Hearne; and for Dr.
Frederic C. Schaffer et al. by Bradley S. Phillips.
* * * *
No. 06–11612, Gonzalez v. United States
Argued January 8, 2008
Brent
E. Newton argued the cause for petitioner. With him on the briefs were Marjorie
A. Meyers, H. Michael Sokolow, and Timothy Crooks.
Lisa
S. Blatt argued the
cause for the United States. With her on the brief were Solicitor General
Clement, Assistant Attorney General Fisher, Deputy Solicitor General
Dreeben, and Deborah Watson.
Briefs
of amici curiae urging reversal were filed for the Charles Hamilton Houston
Institute for Race and Justice by Charles J. Ogletree, Jr., and Rachel
E. Barkow; and for the National Association of Criminal Defense Lawyers
et al. by Joel B. Rudin, Joshua L. Dratel, and Henry J.
Bemporad.
* * * *
No. 07–455, United States v. Ressam
Argued March 25, 2008
Attorney
General Mukasey argued the cause for the United States. On the briefs were
Solicitor General Clement, Assistant Attorney General Wainstein, Deputy
Solicitor General Dreeben, Toby J. Heytens, and John F. De Pue.
Thomas
W. Hillier II argued the cause for respondent. With him on the brief were Laura
E. Mate and Lissa Wolfendale Shook.
Donald
B. Ayer,
Samuel Estreicher, Meir Feder, and Jeffrey L. Fisher filed
a brief for the National Association of Criminal Defense Lawyers as amicus
curiae.
* * * *
No. 06–694, United States v. Williams
Argued
October 30, 2007
Solicitor
General Clement argued the cause for the United States. With him on the
briefs were Assistant Attorney General Fisher, Deputy Solicitor
General Dreeben, Deanne E. Maynard, and Deborah Watson.
Richard
J. Diaz argued the cause for respondent. With him on the brief were Ophelia
M. Valls, Luis I. Guerra, and G. Richard Strafer.
Briefs of amici
curiae urging reversal were filed for the State of Alabama et al. by Troy
King, Attorney General of Alabama, Kevin C. Newsom, Solicitor
General, and James W. Davis, Assistant Attorney General, and by the
Attorneys General for their respective States as follows: Terry Goddard
of Arizona, Dustin McDaniel of Arkansas, John W. Suthers of
Colorado, Joseph R. Biden III of Delaware, Bill McCollum of
Florida, Mark J. Bennett of Hawaii, Lisa Madigan of Illinois, Steve
Carter of Indiana, Paul J. Morrison of Kansas, G. Steven Rowe
of Maine, Douglas F. Gansler of Maryland, Michael A. Cox of
Michigan, Lori Swanson of Minnesota, Jon Bruning of Nebraska, Kelly
A. Ayotte of New Hampshire, Gary King of New Mexico, Roy Cooper
of North Carolina, Wayne Stenehjem of North Dakota, W. A. Drew
Edmondson of Oklahoma, Thomas W. Corbett, Jr., of Pennsylvania, Henry
D. McMaster of South Carolina, Greg Abbott of Texas, Mark L.
Shurtleff of Utah, William Sorrell of Vermont, Robert F.
McDonnell of Virginia, Robert M. McKenna of Washington, and Darrell
V. McGraw, Jr., of West Virginia; for the American Center for Law and
Justice et al. by Jay Alan Sekulow, Stuart J. Roth, Colby
M. May, James M. Henderson, Walter M. Weber, John P. Tuskey,
and Laura B. Hernandez; for the Lighted Candle Society et al. by Gene
C. Schaerr, Steffen N. Johnson, and Linda T. Coberly; for Morality
in Media, Inc., by Robin S. Whitehead; for the National Law Center for
Children and Families et al. by Daniel P. Collins and Fred A.
Rowley, Jr.; for the National Legal Foundation by Steven W. Fitschen
and Barry C. Hodge; and for the Rutherford Institute by John W.
Whitehead.
Briefs of amici
curiae urging affirmance were filed for the American Booksellers Foundation
for Free Expression et al. by Michael A. Bamberger and Jonathan
Bloom; for the Free Speech Coalition et al. by H. Louis Sirkin
and John P. Feldmeier; and for the National Coalition Against Censorship
et al. by Katherine A. Fallow and Joan E. Bertin.
* * * *
No. 06–666, Department of Revenue of Kentucky et al. v. Davis et ux.
Argued November 5, 2007
C.
Christopher Trower argued the cause for petitioners. With him on the
briefs were Gwen R. Pinson and Douglas M. Dowell.
G. Eric Brunstad,
Jr.,
argued the cause for respondents. With him on the brief were Rheba
Rutkowski, M. Stephen Dampier, Charles R. Watkins, John R. Wylie, David J.
Guin, Tammy McClendon Stokes, Irvin D. Foley, Anthony G. Raluy, M. Scott
Barrett, Charles S. Zimmerman, Hart L. Robinovitch, Michael C. Moran,
Arthur T. Susman, Matthew T. Hurst, and Matthew T. Heffner.
Briefs
of amici curiae urging reversal were filed for the State of North
Carolina et al. by Roy Cooper, Attorney General of North Carolina,
Christopher G. Browning, Jr., Kay Linn Miller Hobart, and Gregory P.
Roney, and by the Attorneys General for their respective States as follows:
Troy King of Alabama, Talis J. Colberg of Alaska, Terry
Goddard of Arizona, Dustin McDaniel of Arkansas, Edmund G. Brown,
Jr., of California, John W. Suthers of Colorado, Richard
Blumenthal of Connecticut, Joseph R. Biden III of Delaware, Bill
McCollum of Florida, Thurbert E. Baker of Georgia, Mark J.
Bennett of Hawaii, Lawrence Wasden of Idaho, Lisa Madigan of
Illinois, Steve Carter of Indiana, Tom Miller of Iowa, Paul
Morrison of Kansas, Charles C. Foti, Jr., of Louisiana, G. Steven
Rowe of Maine, Douglas F. Gansler of Maryland, Martha Coakley
of Massachusetts, Michael A. Cox of Michigan, Lori Swanson of
Minnesota, Jim Hood of Mississippi, Jeremiah W. (Jay) Nixon of
Missouri, Mike McGrath of Montana, Jon Bruning of Nebraska, Catherine
Cortez Masto of Nevada, Kelly A. Ayotte of New Hampshire, Anne
Milgram of New Jersey, Gary King of New Mexico, Andrew M. Cuomo
of New York, Wayne Stenehjem of North Dakota, Marc Dann of Ohio, W.
A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas J.
Corbett, Jr., of Pennsylvania, Patrick Lynch of Rhode Island, Henry
McMaster of South Carolina, Lawrence E. Long of South Dakota,
Robert E. Cooper, Jr., of Tennessee, Greg Abbott of Texas, Mark
L. Shurtleff of Utah, William H. Sorrell of Vermont, Bob
McDonnell of Virginia, Robert M. McKenna of Washington, Darrell
V. McGraw, Jr., of West Virginia, J. B. Van Hollen of Wisconsin, and
Patrick J. Crank of Wyoming; for the Churchill Tax-Free Fund of Kentucky
et al. by Michael F. Smith, Philip J. Kessler, and Dennis K.
Egan; for Dupree Mutual Funds by P. Anthony Sammons; for the
Government Finance Officers Association et al. by Richard Ruda; for
the National Association of State Treasurers by Robert A. Long, Theodore P.
Metzler, Richard L. Sigal, and Richard A. Cordray; for Nuveen
Investments, Inc., by Barry Sullivan and J. Kevin McCall; and for
the Securities Industry and Financial Markets Association by Carter G.
Phillips, Richard D. Bernstein, A. Robert Pietrzak, Daniel A. McLaughlin, Kevin
M. Carroll, and Leslie M. Norwood.
Briefs
of amici curiae urging affirmance were filed for the Tax Foundation by Brian
E. Bailey; and for Alan D. Viard et al. by Lucinda O. McConathy.
Briefs of amici
curiae were filed for the Multistate Tax Commission by Sheldon H.
Laskin; and for the National Federation of Municipal Analysts by Leonard
Weiser-Varon, William C. Brashares, Maxwell D. Solet, and Noah C. Shaw.
* * * *
No. 06–1646, United States v. Rodriquez
Argued
January 15, 2008
Kannon
K. Shanmugam argued the cause for the United States. With him on the
briefs were Solicitor General Clement, Assistant Attorney General
Fisher, Deputy Solicitor General Dreeben, and Daniel S. Goodman.
Charles
A. Rothfeld argued the cause for respondent. With him on the brief were Andrew
J. Pincus, Dan M. Kahan, and L. Cece Glenn.
Briefs of amici curiae urging
affirmance were filed for the National Association of Criminal Defense Lawyers
by Jeffrey L. Fisher and Thomas W. Hillier II; and for Professors
of Criminal Law by Meir Feder, Donald B. Ayer, and Samuel
Estreicher.