The judgment of the Fifth Circuit was reversed and the case was remanded for further proceedings.
Associate Justice Anthony Kennedy delivered the judgment of the court and was joined by Justice
John Paul Stevens, Justice
David Souter, Justice
Ruth Bader Ginsburg, and Justice
Stephen Breyer (as to Parts I, II–A–1, and II–B–2); Justice Stevens, and Justice Souter (as to Parts II–A–2, II–B–1, II–B–3, and III–B); and Justice Stevens, Justice Souter, and Justice
Clarence Thomas (as to Part III–A). Justice Ginsburg wrote an opinion concurring in part and concurring in the judgment, in which she was joined by Justice Breyer. Justice Thomas wrote an opinion concurring in part, dissenting in part, and concurring in the judgment in part. Justice
Antonin Scalia wrote a dissenting opinion in which he was joined by
Chief Justice William Rehnquist, Justice
Sandra Day O'Connor, and which was joined by Justice Thomas (as to Part I–A). == See also ==