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BRANCH v. SMITH

No. 01-1437.

538 U.S. 254 (2003)

123 S.Ct. 1429

155 L.Ed.2d 407

BRANCH ET AL. v. SMITH ET AL.

Supreme Court of United States.

Decided March 31, 2003.

Attorney(s) appearing for the Case

Robert B. McDuff argued the cause for appellants in No. 01-1437 and cross-appellees in No. 01-1596. With him on the briefs was Pamela S. Karlan.

James A. Feldman argued the cause for the United States as amicus curiae supporting cross-appellees. With him on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, Mark L. Gross, and Kevin Russell.

Michael B. Wallace argued the cause for appellees in No. 01-1437 and cross-appellants in No. 01-1596. With him on the briefs were Arthur F. Jernigan, Jr., and Grant M. Fox.†

JUSTICE SCALIA announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with respect to Parts III-B and IV, in which THE CHIEF Justice, JUSTICE Kennedy, and JUSTICE GINSBURG join.

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