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No. 04-805, Texaco, Inc. v. Dagher et al.; and No. 04-814, Shell Oil Co. v. Dagher et al. Argued January 10, 2006 Glen D. Nager argued the cause for petitioners in both cases. With him on the briefs for petitioner in No. 04-805 were Craig E. Stewart, Joe Sims, and Louis K. Fisher. On the briefs for petitioner in No. 04-814 were Ronald L. Olson, Bradley S. Phillips, Stuart N. Senator, and Paul J. Watford. Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal in both cases. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Barnett, Deputy Solicitor General Hungar, Catherine G. O'Sullivan, and Adam D. Hirsh. Joseph M. Alioto argued the cause for respondents in both cases. With him on the brief were Daniel R. Shulman and Gregory Merz. ?Briefs of amici curiae urging reversal in both cases were filed for the American Bankers Association et al. by W. Stephen Smith and Beth S. Brinkmann; for the American Petroleum Institute by Robert A. Long, Jr., Harry M. Ng, and Douglas W. Morris; for the Chamber of Commerce of the United States of America by Raymond A. Jacobsen, Jr., Stephen A. Bokat, Robin S. Conrad, and Amar D. Sarwal; for Verizon Communications Inc., by Roy T. Englert, Jr., Donald J. Russell, John Thorne, and Paul J. Larkin, Jr.; and for Visa U. S. A. Inc., et al. by M. Laurence Popofsky and Stephen V. Bomse. Stephen F. Ross filed a brief for the American Antitrust Institute as amicus curiae urging affirmance in both cases. Briefs of amici curiae were filed in both cases for the Northwest Ohio Physician Specialists Cooperative, LLC, by Charles D. Weller and Frederick Byers; and for the Retail Industry Leaders Association et al. by Lloyd Constantine and Michelle A. Peters. Steve C. Vaughn filed a brief for the Parker Hannifin Corp. as amicus curiae in No. 04-805. * * * * * No. 04-1244, Scheidler et al. v. National Organization for Women, Inc.; and No. 04-1352, Operation Rescue v. National Organization for Women, Inc. Argued November 30, 2005 Alan Untereiner argued the cause for petitioners in both cases. With him on the briefs in No. 04-1244 were Roy T. Englert, Jr., Kathryn S. Zecca, Noah Messing, Thomas Brejcha, Deborah Fischer, and D. Colette Wilson. On the briefs in No. 04-1352 were Jay Alan Sekulow, Walter M. Weber, Paul J. Larkin, Jr., Stuart J. Roth, Vincent P. McCarthy, Ann-Louise Lohr, Thomas P. Monaghan, John P. Tuskey, Laura B. Hernandez, Shannon D. Woodruff, Larry L. Crain, and Robert W. Ash. Lisa S. Blatt argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Kneedler, Acting Assistant Attorney General Richter, Deputy Solicitor General Dreeben, Kathleen A. Felton, and Frank Marine. Erwin Chemerinsky argued the cause for the National Organization for Women, Inc., et al., respondents in both cases. With him on the brief were Paul Hoffman, Laurie Levenson, Catherine Fisk, Fay Clayton, Lowell E. Sachnoff, Jack L. Block, and Frank Susman. Briefs of amici curiae urging reversal in both cases were filed for the State of Alabama et al. by Troy King, Attorney General of Alabama, and Kevin C. Newsom, Solicitor General, and by the Attorneys General for their respective States as follows: John W. Suthers of Colorado, M. Jane Brady of Delaware, Phill Kline of Kansas, Michael A. Cox of Michigan, Jim Petro of Ohio, Lawrence E. Long of South Dakota, Greg Abbott of Texas, and Mark L. Shurtleff of Utah; for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, James B. Coppess, and Laurence Gold; for Americans United for Life by Clarke D. Forsythe, Denise M. Burke, and G. Robert Blakey; for Concerned Women for America by Theresa Schrempp and Mark L. Lorbiecki; for Consistent Life et al. by Edward McGlynn Gaffney, Jr., Joseph Mathias Cosgrove, and Jeffrey S. Kerr; and for the Life Legal Defense Foundation by Catherine W. Short and Andrew W. Zepeda. Briefs of amici curiae urging affirmance in both cases were filed for the Feminist Majority Foundation et al. by Steven G. Gey; for NARAL Pro-Choice America et al. by Maria T. Vullo; for the Religious Coalition for Reproductive Choice et al. by Deanne M. Ottaviano and David J. Pfeffer; and for Abner J. Mikva et al. by Molly S. Boast. Briefs of amici curiae were filed in both cases for the Lawyers' Committee for Civil Rights Under Law et al. by Joseph R. Bankoff, Michael L. Foreman, Sarah C. Crawford, and Dennis Courtland Hayes; for the Legal Defense for Unborn Children by Alan Edward Ernest; for Emily Lyons by Pamela L. Sumners; and for 47 Members of the United States Congress by Jon B. Eisenberg. M. Reed Hopper filed a brief for the Pacific Legal Foundation as amicus curiae in No. 04-1244. * * * * * No. 04-1329, Illinois Tool Works Inc. et al v. Independent Ink, Inc. Argued November 29, 2005 Andrew J. Pincus argued the cause for petitioners. With him on the briefs were Richard J. Favretto, Christopher J. Kelly, Nickolai G. Levin, and Stewart S. Hudnut. Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Barnett, Jeffrey P. Minear, Catherine G. O'Sullivan, Steven J. Mintz, Frances Marshall, John M. Whealan, Cynthia C. Lynch, and Thomas Krause. Kathleen M. Sullivan argued the cause for respondent. With her on the briefs were Daniel H. Bromberg, Margret M. Caruso, Elizabeth B. Wydra, and Edward F. O'Connor. Briefs of amici curiae urging reversal were filed for the American Bar Association by Robert J. Grey, Jr., Richard J. Wallis, and Kevin D. McDonald; for the Houston Intellectual Property Law Association by Kenneth E. Kuffner; for the Intellectual Property Law Association of Chicago by Edward D. Manzo, Bradford P. Lyerla, and Glen P. Belvis; for the Intellectual Property Owners Association by Gary M. Hoffman, Kenneth W. Brothers, and Douglas K. Norman; for the Motion Picture Association of America, Inc., et al. by Daniel G. Swanson, Julian W. Poon, Daniel E. Robbins, and Victor S. Perlman; for the New York Intellectual Property Law Association by David F. Ryan; for the Patent, Trademark & Copyright Section of the Bar Association of the District of Columbia by David W. Long, Blair Elizabeth Taylor, and Lynn E. Eccleston; for Pfizer Inc., by Stephen A. Stack, Jr., George G. Gordon, Rebecca P. Dick, and Kent S. Bernard; for Verizon Communications by Richard G. Taranto, Aaron M. Panner, and John Thorne; and for the Washington Legal Foundation by William C. MacLeod, Daniel J. Popeo, and David Price. Briefs of amici curiae urging affirmance were filed for the District of Columbia et al. by Robert J. Spagnoletti, Attorney General of the District of Columbia, Edward E. Schwab, Deputy Attorney General, Don A. Resnikoff, Senior Assistant Attorney General, and Anika Cooper, Assistant Attorney General, by Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Deputy Attorney General, Tom Greene, Chief Assistant Attorney General, Kathleen Foote, Senior Assistant Attorney General, and Ann Marie Marciarille, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Terry Goddard of Arizona, Charles J. Crist, Jr., of Florida, Thomas J. Miller of Iowa, Charles C. Foti, Jr., of Louisiana, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Jeremiah W. (Jay) Nixon of Missouri, Jim Petro of Ohio, Paul G. Summers of Tennessee, Mark L. Shurtleff of Utah, Darrell V. McGraw, Jr., of West Virginia, and Patrick J. Crank of Wyoming; for AARP et al. by Barbara Jones, Bruce Vignery, and Michael Schuster; for the American Antitrust Institute et al. by Jonathan Rubin; for the International Imaging Technology Council et al. by Patricia Judge; for the National Association of Theatre Owners, Inc., et al. by John T. Mitchell; for Barry Nalebuff et al. by Alan I. Horowitz; and for F. M. Scherer by Parker C. Folse III and Justin A. Nelson. Patrick J. Coyne, Kenneth M. Frankel, and William C. Rooklidge filed a brief of amicus curiae for the American Intellectual Property Law Association. * * * * * No. 04-1152, Rumsfeld, Secretary of Defense, et al. v. Forum for Academic & Institutional Rights, Inc., et al. Argued December 6, 2005 Solicitor General Clement argued the cause for petitioners. With him on the brief were Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Katsas, Irving L. Gornstein, and Douglas N. Letter. E. Joshua Rosenkranz argued the cause for respondents. With him on the brief were Sharon E. Frase and Warrington S. Parker III. Briefs of amici curiae urging reversal were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, R. Ted Cruz, Solicitor General, Barry R. McBee, First Assistant Attorney General, Edward D. Burbach, Deputy Attorney General, and Joel L. Thollander and Adam W. Aston, Assistant Solicitors General, and by the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado, M. Jane Brady of Delaware, Charles J. Crist, Jr., of Florida, Steve Carter of Indiana, Phill Kline of Kansas, Michael A. Cox of Michigan, Lawrence E. Long of South Dakota, Mark L. Shurtleff of Utah, and Darrell V. McGraw, Jr., of West Virginia; for the American Civil Rights Union by Peter Ferrara; for the American Legion by Robert P. Parker and Philip B. Onderdonk, Jr.; for the Boy Scouts of America by George A. Davidson, Carla A. Kerr, Scott H. Christensen, and David K. Park; for the Center for Individual Rights et al. by Gerald Walpin; for the Christian Legal Society et al. by Gregory S. Baylor and Steven H. Aden; for the Claremont Institute Center for Constitutional Jurisprudence by John C. Eastman and Edwin Meese III; for the Eagle Forum Education & Legal Defense Fund by Andrew L. Schlafly; for the Judge Advocates Association by Gregory M. Huckabee and Brett D. Barkey; for Law Professors et al. by Andrew G. McBride, William S. Consovoy, Daniel Polsby, and Joseph Zengerle; for the National Legal Foundation by Barry C. Hodge; for Charles S. Abbot et al. by Martin S. Kaufman, Joe R. Reeder, Philip R. Sellinger, and John P. Einwechter; and for Congressman Richard Pombo et al. by William Perry Pendley and Joseph F. Becker. Briefs of amici curiae urging affirmance were filed for the American Association of University Professors by Kathleen M. Sullivan, Donna R. Euben, Ann D. Springer, and David M. Rabban; for the American Civil Liberties Union et al. by Kenneth Y. Choe, Steven R. Shapiro, Matthew A. Coles, and James D. Esseks; for the Association of American Law Schools by Paul M. Smith, William M. Hohengarten, and Daniel Mach; for Bay Area Lawyers for Individual Freedom et al. by Beth S. Brinkmann, Seth M. Galanter, and Ruth N. Borenstein; for the Cato Institute by Gregory S. Coleman; for Columbia University et al. by Seth P. Waxman, Randolph D. Moss, James J. Mingle, Ada Meloy, and Wendy S. White; for NALP (the National Association for Law Placement) et al. by Sam Heldman and Hilary E. Ball; for the National Lawyers Guild by Zachary Wolfe; for the National Lesbian and Gay Law Association et al. by Jonathan L. Hafetz and Lawrence S. Lustberg; for the Servicemembers Legal Defense Network by Linda T. Coberly, Tyler M. Paetkau, Sharra E. Greer, Kathi S. Westcott, and Gene C. Schaerr; for the Student/Faculty Alliance for Military Equality by Carmine D. Boccuzzi, Jr.; for William Alford et al. by Walter Dellinger and Pamela Harris; for Robert A. Burt et al. by Paul M. Dodyk and David N. Rosen; and for 56 Columbia Law School Faculty Members by Jonathan D. Schiller and David A. Barrett. John H. Findley and Harold E. Johnson filed a brief for the Pacific Legal Foundation as amicus curiae. * * * * No. 04-1371, Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit Argued January 18, 2006 Jay B. Kasner argued the cause for petitioner. With him on the briefs were Preeta D. Bansal, Edward J. Yodowitz, Scott D. Musoff, and Joanne Gaboriault. Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Daryl Joseffer, Giovanni P. Prezioso, Jacob H. Stillman, Eric Summergrad, Susan S. McDonald, and Jeffrey T. Tao. David C. Frederick argued the cause for respondent. With him on the brief were Priya R. Aiyar, William B. Federman, Stuart W. Emmons, and Clell I. Cunningham III. ?Briefs of amici curiae urging reversal were filed for the Chamber of Commerce of the United States of America by Charles A. Rothfeld, Andrew J. Pincus, Stephen M. Shapiro, Timothy S. Bishop, Robin S. Conrad, and Amar D. Sarwal; for the Investment Company Institute by Theodore B. Olson and Mark A. Perry; for Lord, Abbett & Co. et al. by Charles Lee Eisen, Jeffrey B. Maletta, and Nicholas G. Terris; for the Securities Industry Association et al. by Carter G. Phillips and Richard D. Bernstein; and for the Washington Legal Foundation by Donald B. Verrilli, Jr., Ronald L. Marmer, C. John Koch, Daniel J. Popeo, and David Price. Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Caitlin J. Halligan, Solicitor General, and Mariya S. Treisman, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Bill Lockyer of California, Richard Blumenthal of Connecticut, Mark J. Bennett of Hawaii, Lisa Madigan of Illinois, Thomas J. Miller of Iowa, Michael A. Cox of Michigan, Mike Hatch of Minnesota, Jim Hood of Mississippi, Mike McGrath of Montana, Peter C. Harvey of New Jersey, Patricia A. Madrid of New Mexico, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Henry McMaster of South Carolina, William H. Sorrell of Vermont, Rob McKenna of Washington, and Peggy A. Lautenschlager of Wisconsin; for IJG Investments et al. by Ira Neil Richards; for the National Association of Shareholder and Consumer Attorneys et al. by Stewart M. Weltman, Kevin P. Roddy, and Deborah M. Zuckerman; and for Phillip Goldstein et al. by Robert L. King. Steven B. Feirson and Nory Miller filed a brief for Pacific Life Insurance Co. as amicus curiae. * * * * No. 04-1414, United States v. Grubbs Argued January 18, 2006 Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Clement, Assistant Attorney General Fisher, and Dan Himmelfarb. Mark J. Reichel argued the cause for respondent. With him on the brief were Linda C. Harter and Jeffrey T. Green. ?Daniel L. Kaplan and Jeffrey L. Fisher filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging affirmance. Ric Simmons filed a brief for the National Association of Federal Defenders as amicus curiae. * * * * No. 04-1067, Georgia v. Randolph Argued November 8, 2005 Paula K. Smith, Senior Assistant Attorney General of Georgia, argued the cause for petitioner. With her on the briefs were Thurbert E. Baker, Attorney General, and Mary Beth Westmoreland, Deputy Attorney General. Deputy Solicitor General Dreeben argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Richter, Sri Srinivasan, and Deborah Watson. Thomas C. Goldstein argued the cause for respondent. With him on the brief were Amy Howe, Kevin K. Russell, Donald F. Samuel, and Pamela S. Karlan. ?A brief of amici curiae urging reversal was filed for the State of Colorado et al. by John W. Suthers, Attorney General of Colorado, John J. Krause, Interim Solicitor General, and Rebecca A. Adams, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Troy King of Alabama, M. Jane Brady of Delaware, Mark J. Bennett of Hawaii, Lisa Madigan of Illinois, Phill Kline of Kansas, J. Joseph Curran, Jr., of Maryland, Michael A. Cox of Michigan, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Brian Sandoval of Nevada, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Lawrence E. Long of South Dakota, Mark L. Shurtleff of Utah, William Sorrell of Vermont, Rob McKenna of Washington, and Patrick J. Crank of Wyoming. Jeffrey A. Lamken and Pamela Harris filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance. * * * * No. 04-1618, Northern Insurance Company of New York v. Chatham County, Georgia Argued March 1, 2006 Miguel A. Estrada argued the cause for petitioner. With him on the briefs were Theodore J. Boutrous, Jr., and Matthew D. McGill. Dan Himmelfarb argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Garre, James A. Feldman, Mark B. Stern, J. Michael Wiggins, John E. Crowley, Robert Bruce, Amy Wright Larson, and Phillip Christopher Hughey. R. Jonathan Hart argued the cause for respondent. With him on the brief were Emily Elizabeth Garrard and David J. Bederman. Thomas S. Biemer filed a brief for the Southeastern Pennsylvania Transportation Authority as amicus curiae urging affirmance. * * * * No. 04-1324, Day v. McDonough, Interim Secretary, Florida Department of Corrections Argued February 27, 2006 J. Brett Busby argued the cause for petitioner. With him on the briefs were Jeremy Gaston and Andrew H. Schapiro. Christopher M. Kise, Solicitor General of Florida, argued the cause for respondent. With him on the brief were Charles J. Crist, Jr., Attorney General, Erik M. Figlio and Lynn C. Hearn, Deputy Solicitors General, and Cassandra K. Dolgin, Assistant Attorney General. Douglas Hallward-Driemeier argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney General Fisher, Deputy Solicitor General Dreeben, and Kathleen A. Felton. ?Briefs of amici curiae urging reversal were filed for the National Association of Criminal Defense Lawyers by Stephen B. Kinnaird and Pamela Harris; for Janet Cooper Alexander et al. by Jeffrey A. Lamken; and for John Blume et al. by Elaine Metlin and Ann-Marie Luciano. A brief of amici curiae urging affirmance was filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, Barry R. McBee, First Assistant Attorney General, R. Ted Cruz, Solicitor General, Don Clemmer, Deputy Attorney General, Gena Bunn and Ellen Stewart-Klein, Assistant Attorneys General, and Dan Schweitzer, and by the Attorneys General for their respective States as follows: Troy King of Alabama, Terry Goddard of Arizona, Mike Beebe of Arkansas, Bill Lockyer of California, John W. Suthers of Colorado, Carl C. Danberg of Delaware, Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence G. Wasden of Idaho, Lisa Madigan of Illinois, Steve Carter of Indiana, Phill Kline of Kansas, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Jim Hood of Mississippi, Mike McGrath of Montana, Jon Bruning of Nebraska, George J. Chanos of Nevada, Kelly A. Ayotte of New Hampshire, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Henry McMaster of South Carolina, Larry Long of South Dakota, Mark L. Shurtleff of Utah, William H. Sorrell of Vermont, Rob McKenna of Washington, and Darrell V. McGraw, Jr., of West Virginia. * * * * No. 04-1477, Jones v. Flowers et al. Argued January 17, 2006 Michael T. Kirkpatrick argued the cause for petitioner. With him on the briefs was Brian Wolfman. Carter G. Phillips argued the cause for respondents. With him on the brief for respondent Commissioner of State Lands was Virginia A. Seitz. A. J. Kelly filed a brief for respondent Flowers. James A. Feldman argued the cause for the United States as amicus curiae in support of respondents. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Katsas, Deputy Solicitor General Hungar, Michael Jay Singer, and Susan Maxson Lyons. * * * * No. 04-1495, Hartman et al. v. Moore Argued January 10, 2006 Deputy Solicitor General Kneedler argued the cause for petitioners. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Dan Himmelfarb, Barbara L. Herwig, Matthew M. Collette, Stephanie R. Marcus, and Richard Montague. Patrick F. McCartan argued the cause for respondent. With him on the brief were Paul Michael Pohl and Christian G. Vergonis. Richard Ruda and James I. Crowley filed a brief for the National League of Cities et al. as amici curiae urging reversal. * * * * No. 04-1506, Arkansas Department of Human Services et al. v. Ahlborn Argued February 27, 2006 Lori Freno, Assistant Attorney General of Arkansas, argued the cause for petitioners. With her on the briefs was Mike Beebe, Attorney General. Patricia A. Millett argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, William Kanter, and Anne Murphy. H. David Blair argued the cause for respondent. With him on the brief was Phillip Farris. ?A brief of amici curiae urging reversal was filed for the State of Washington et al. by Rob McKenna, Attorney General of Washington, William L. Williams, Senior Assistant Attorney General, and Kimberly D. Frinell, Assistant Attorney General, and by the Attorneys General for their respective jurisdictions as follows: David W. M�rquez of Alaska, Terry Goddard of Arizona, John W. Suthers of Colorado, Richard Blumenthal of Connecticut, Robert J. Spagnoletti of the District of Columbia, Thurbert E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence G. Wasden of Idaho, Lisa Madigan of Illinois, Phill Kline of Kansas, Gregory D. Stumbo of Kentucky, G. Steven Rowe of Maine, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Michael A. Cox of Michigan, Jeremiah W. (Jay) Nixon of Missouri, Mike McGrath of Montana, Kelly A. Ayotte of New Hampshire, Peter C. Harvey of New Jersey, Eliot Spitzer of New York, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, Hardy Myers of Oregon, Patrick Lynch of Rhode Island, Henry McMaster of South Carolina, Lawrence E. Long of South Dakota, Mark L. Shurtleff of Utah, Peggy A. Lautenschlager of Wisconsin, and Patrick J. Crank of Wyoming. Louis M. Bograd, Ned Miltenberg, and Kenneth M. Suggs filed a brief for the Association of Trial Lawyers of America as amicus curiae urging affirmance. * * * * No. 04-1544, Marshall v. Marshall Argued February 28, 2006 Kent L. Richland argued the cause for petitioner. With him on the briefs were Dana Gardner Adelstein, Alan Diamond, Edward L. Xanders, and Philip W. Boesch, Jr. Deanne E. Maynard argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Clement, Assistant Attorney General O'Connor, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Morrison, Jonathan S. Cohen, and Joan I. Oppenheimer. G. Eric Brunstad, Jr., argued the cause for respondent. With him on the brief were Rheba Rutkowski, Robert A. Brundage, Susan Kim, William C. Heuer, Thomas C. Goldstein, Amy Howe, Kevin K. Russell, and Kent L. Jones. Richard Lieb filed a brief of amici curiae urging reversal for Richard Aaron et al. Briefs of amici curiae urging affirmance were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, Barry R. McBee, First Assistant Attorney General, Edward D. Burbach, Deputy Attorney General for Litigation, R. Ted Cruz, Solicitor General, and Rance L. Craft, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado, Charles C. Foti, Jr., of Louisiana, J. Joseph Curran, Jr., of Maryland, Jim Hood of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, and Hardy Myers of Oregon; for the National College of Probate Judges by James R. Wade; for the Philanthropy Roundtable by Ronald A. Cass; for the Washington Legal Foundation by Sidney P. Levinson, Daniel J. Popeo, and Paul D. Kamenar; for Bonnie Snavely by Carter G. Phillips and Jay T. Jorgensen; and for Ernest A. Young et al. by Craig Goldblatt. Robert Whitman filed a brief of amicus curiae for Heirs, Inc. * * * * No. 04-1327, Holmes v. South Carolina Argued February 22, 2006 John H. Blume argued the cause for petitioner. With him on the briefs were William A. Norris, Edward P. Lazarus, Michael C. Small, Mark J. MacDougall, Jeffrey P. Kehne, and Sheri L. Johnson. Donald J. Zelenka, Assistant Deputy Attorney General of South Carolina, argued the cause for respondent. With him on the brief were Henry D. McMaster, Attorney General, and John W. McIntosh, Chief Deputy Attorney General. Steffen N. Johnson argued the cause for the State of Kansas et al. as amici curiae urging affirmance. With him on the brief were Phill Kline, Attorney General of Kansas, Jared Maag, Deputy Attorney General, and Gene C. Schaerr, and the Attorneys General for their respective States as follows: Troy King of Alabama, Terry Goddard of Arizona, Mike Beebe of Arkansas, John W. Suthers of Colorado, Carl C. Danberg of Delaware, Mark J. Bennett of Hawaii, Lawrence Wasden of Idaho, Gregory D. Stumbo of Kentucky, Michael A. Cox of Michigan, Jim Hood of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, George J. Chanos of Nevada, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Thomas W. Corbett, Jr., of Pennsylvania, Lawrence E. Long of South Dakota, and Greg Abbott of Texas. Briefs of amici curiae urging reversal were filed for Forty Professors of Evidence Law by Samuel R. Gross; and for the National Association of Criminal Defense Lawyers by Jeffrey T. Green and Richard E. Young. Elaine Metlin and Ann-Marie Luciano filed a brief of amicus curiae for the Innocence Project, Inc.
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