|SCHAFFER V. WEAST (04-698) 546 U.S. 49 (2005)
377 F.3d 449, affirmed.
[ OConnor ]
[ Stevens ]
[ Breyer ]
[ Ginsburg ]
BRIAN SCHAFFER, a minor, by his parents and
friends, JOCELYN and MARTIN SCHAFFER,
PETITIONERS v. JERRY WEAST,
DENT, MONTGOMERY COUNTY PUBLIC
ON WRIT OF CERTIORARI TO THE UNITED STATES
APPEALS FOR THE FOURTH CIRCUIT
[November 14, 2005]
Justice Stevens, concurring.
It is common ground that no single
principle or rule solves all cases by setting forth a general
test for ascertaining the incidence of proof burdens when both
a statute and its legislative history are silent on the
question. See Alaska Dept. of Environmental
Conservation v. EPA, 540 U.S. 461, 494, n.
17 (2004); see also ante, at 7; post, at 12
(Ginsburg, J., dissenting). Accordingly, I do not understand
the majority to disagree with the proposition that a court,
taking into account