| Syllabus | Opinion [ Breyer ] | Concurrence [ Stevens ] | Concurrence [ O’Connor ] | Concurrence [ Ginsburg ] | Dissent [ Rehnquist ] | Dissent [ Scalia ] | Dissent [ Kennedy ] | Dissent [ Thomas ] |
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DON STENBERG, ATTORNEY GENERAL OF NEBRASKA, et al., PETITIONERS v.
LEROY CARHART
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
[June 28, 2000]
Chief Justice Rehnquist, dissenting.
I did not join the joint opinion in Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), and continue to believe that case is wrongly decided. Despite my disagreement with the opinion, under the rule laid down in Marks v. United States, 430 U.S. 188, 193 (1977), the Casey joint opinion represents the holding of the Court in that case. I believe Justice Kennedy and Justice Thomas have correctly applied Casey’s principles and join their dissenting opinions.