author: Justice Ginsburg Justice Thomas,

text:
    CUTTER et al. v. WILKINSON, DIRECTOR, OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al.
    No. 03-9877.
    Argued March 21, 2005
    Decided May 31, 2005

      Ginsbukg, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, post, p. 726.

      David Goldberger argued the cause for petitioners. With him on the briefs were Marc D. Stern and Benson A. Wolman.

      Acting Solicitor General Clement argued the cause for the United States as respondent under this Court’s Rule 12.6 in support of petitioners. With him on the briefs were Assistant Attorney General Keisler, Patricia A. Millett, Mark B. Stern, and Michael S. Raab.

      Douglas R. Cole, State Solicitor of Ohio, argued the cause for respondents. With him on the brief were Jim Retro, Attorney General, Stephen P. Carney, Senior Deputy Solicitor, and Todd R. Marti and Franklin E. Crawford, Assistant Solicitors.

      Briefs of amici curiae urging reversal were filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Caitlin J. Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, and Jean Lin and Benjamin N. Gutman, Assistant Solicitors General, and by Christine 0. Gregoire, Attorney General of Washington; for the American Correctional Chaplains Association et al. by Gene C. Schaerr; for Americans United for Separation of Church and State et al. by David M. Gossett, David C. Fathi, Ayesha N. Khan, Richard B. Katskee, Alex J. Luchenitser, and Steven R. Shapiro; for the National Association of Evangelicals et al. by Douglas haycock and Nathan J. Diament; and for Sen. Orrin G. Hatch et al. by Martin S. Lederman.

      Briefs of amici curiae urging affirmance were filed for the Commonwealth of Virginia et al. by Judith Williams Jagdmann, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Mat-sen, Deputy Attorney General, and Matthew M. Cobb, Carla R. Collins, Eric A. Gregory, Joel C. Hoppe, Courtney M. Malveaux, Valerie L. Myers,

        A. Cameron O’Brion, Ronald N. Regnery, D. Mathias Roussy, Jr., and William R. Sievers, Associate State Solicitors General, by Alva A. Swan, Acting Attorney General of the Virgin Islands, and by the Attorneys General for their respective States as follows: Gregg D. Renkes of Alaska, Lawrence G. Wasden of Idaho, Thomas J. Miller of Iowa, Jon Bruning of Nebraska, Wayne Stenehjem of North Dakota, W. A. Drew Edmondson of Oklahoma, and Darrell V. McGraw, Jr., of West Virginia; for the American Jail Association et al. by Michael N. Beekhuizen and Michael H. Carpenter; and for the Claremont Institute Center for Constitutional Jurisprudence by John C. Eastman and Edwin Meese III.

      Briefs of amici curiae were filed for the Coalition for the Free Exercise of Religion by Anthony R. Picarello, Jr., and K. Hollyn Hollman; for the International Municipal Lawyers Association et al. by Marci A. Hamilton; and for the Rutherford Institute 'by James J. Knicely and John W. Whitehead.

   Justice Ginsburg

delivered the opinion of the Court.

Section 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA or Act), 114 Stat. 804, 42 U. S. C. § 2000cc-l(a)(l)-(2), provides in part: “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless the burden furthers “a compelling governmental interest,” and does so by “the least restrictive means.” Plaintiffs below, petitioners here, are current and former inmates of institutions operated by the Ohio Department of Rehabilitation and Correction and assert that they are adherents of “nonmainstream” religions: the Satanist, Wicca, and Asatru religions, and the Church of Jesus Christ Christian. They complain that Ohio prison officials (respondents here), in violation of RLUIPA, have failed to accommodate their religious exercise

“in a variety of different ways, including retaliating and discriminating against them for exercising their nontraditional faiths, denying them access to religious literature, denying them the same opportunities for group worship that are granted to adherents of mainstream religions, forbidding them to adhere to the dress and appearance mandates of their religions, withholding religious ceremonial items that are substantially identical to those that the adherents of mainstream religions are permitted, and failing to provide a chaplain trained in their faith.” Brief for United States 5.

For purposes of this litigation at its current stage, respondents have stipulated that petitioners are members of bona fide religions and that they are sincere in their beliefs. Gerhardt v. Lazaroff, 221 F. Supp. 2d 827, 833 (SD Ohio 2002).

In response to petitioners’ complaints, respondent prison officials have mounted a facial challenge to the institutionalized-persons provision of RLUIPA; respondents contend, inter alia, that the Act improperly advances religion in violation of the First Amendment’s Establishment Clause. The District Court denied respondents’ motion to dismiss petitioners’ complaints, but the Court of Appeals reversed that determination. The appeals court held, as the prison officials urged, that the portion of RLUIPA applicable to institutionalized persons, 42 U. S. C. § 2000cc-l, violates the Establishment Clause. We reverse the Court of Appeals’ judgment.

“This Court has long recognized that the government may .. . accommodate religious practices ... without violating the Establishment Clause.” Hobbie v. Unemployment Appeals Comm’n of Fla., 480 U. S. 136, 144-145 (1987). Just last Term, in Locke v. Davey, 540 U. S. 712 (2004), the Court reaffirmed that “there is room for play in the joints between” the Free Exercise and Establishment Clauses, allowing the government to accommodate religion beyond free exercise requirements, without offense to the Establishment Clause. Id., at 718 (quoting Walz v. Tax Comm’n of City of New York, 397 U. S. 664, 669 (1970)). “At some point, accommodation may devolve into ‘an unlawful fostering of religion.’ ” Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U. S. 327, 334-335 (1987) (quoting Hobbie, 480 U. S., at 145). But § 3 of RLUIPA, we hold, does not, on its face, exceed the limits of permissible government accommodation of religious practices.

I

A

RLUIPA is the latest of long-running congressional efforts to accord religious exercise heightened protection from government-imposed burdens, consistent with this Court’s precedents. Ten years before RLUIPA’s enactment, the Court held, in Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U. S. 872, 878-882 (1990), that the First Amendment’s Free Exercise Clause does not inhibit enforcement of otherwise valid laws of general application that incidentally burden religious conduct. In particular, we ruled that the Free Exercise Clause did not bar Oregon from enforcing its blanket ban on peyote possession with no allowance for sacramental use of the drug. Accordingly, the State could deny unemployment benefits to persons dismissed from their jobs because of their religiously inspired peyote use. Id., at 874, 890. The Court recognized, however, that the political branches could shield religious exercise through legislative accommodation, for example, by making an exception to proscriptive drug laws for sacramental peyote use. Id., at 890.

Responding to Smith, Congress enacted the Religious Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488, 42 U. S. C. §2000bb et seq. RFRA “prohibits ‘[government’ from ‘substantially burden[ing]’ a person’s exercise of religion even if the burden results from a rule of general applicability unless the government can demonstrate the burden ‘(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.’ ” City of Boerne v. Flores, 521 U.S. 507, 515-516 (1997) (quoting §2000bb-1; brackets in original). “[Universal” in its coverage, RFRA “applie[d] to all Federal and State law,” id., at 516 (quoting former § 2000bb-3(a)), but notably lacked a Commerce Clause underpinning or a Spending Clause limitation to recipients of federal funds. In City of Boerne, this Court invalidated RFRA as applied to States and their subdivisions, holding that the Act exceeded Congress’ remedial powers under the Fourteenth Amendment. Id., at 532-536.

Congress again responded, this time by enacting RLUIPA. Less sweeping than RFRA, and invoking federal authority under the Spending and Commerce Clauses, RLUIPA targets two areas: Section 2 of the Act concerns land-use regulation, 42 U. S. C. §2000cc; §3 relates to religious exercise by institutionalized persons, § 2000cc-1. Section 3, at issue here, provides that “[n]o [state or local] government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution,” unless the government shows that the burden furthers “a compelling governmental interest” and does so by “the least restrictive means.” § 2000cc-1(a)(1)-(2). The Act defines “religious exercise” to include “any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” § 2000cc-5(7)(A). Section 3 applies when “the substantial burden [on religious exercise] is imposed in a program or activity that receives Federal financial assistance,” or “the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes.” ' § 2000cc-l(b)(l)-(2). “A person may assert a violation of [RLUIPA] as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.” § 2000ce-2(a).

Before enacting §3, Congress documented, in hearings spanning three years, that “frivolous or arbitrary” barriers impeded institutionalized persons’ religious exercise. See 146 Cong. Rec. 16698, 16699 (2000) (joint statement of Sen. Hatch and Sen. Kennedy on RLUIPA) (hereinafter Joint Statement) (“Whether from indifference, ignorance, bigotry, or lack of resources, some institutions restrict religious liberty in egregious and unnecessary ways.”). To secure redress for inmates who encountered undue barriers to their religious observances, Congress carried over from RFRA the “compelling governmental interest”/“least restrictive means” standard. See id., at 16698. Lawmakers anticipated, however, that courts entertaining complaints under § 3 would accord “due deference to the experience and expertise of prison and jail administrators.” Id., at 16699 (quoting S. Rep. No. 103-111, p. 10 (1993)).

B

Petitioners initially filed suit against respondents asserting claims under the First and Fourteenth Amendments. After RLUIPA’s enactment, petitioners amended their complaints to include claims under §3. Respondents moved to dismiss the statutory claims, arguing, inter alia, that § 3 violates the Establishment Clause. 221 F. Supp. 2d, at 846. Pursuant to 28 U. S. C. § 2403(a), the United States intervened in the District Court to defend RLUIPA’s constitutionality. 349 F. 3d 257, 261 (CA6 2003).

Adopting the report and recommendation of the Magistrate Judge, the District Court rejected the argument that §3 conflicts with the Establishment Clause. 221 F. Supp. 2d, at 846-848. As to the Act’s impact on a prison’s staff and general inmate population, the court stated that RLUIPA “permits safety and security — which are undisputedly compelling state interests — to outweigh an inmate’s claim to a religious accommodation.” Id., at 848. On the thin record before it, the court declined to find, as respondents had urged, that enforcement of RLUIPA, inevitably, would compromise prison security. Ibid.

On interlocutory appeal pursuant to 28 U. S. C. § 1292(b), the Court of Appeals for the Sixth Circuit reversed. Citing Lemon v. Kurtzman, 403 U. S. 602 (1971), the Court of Appeals held that § 3 of RLUIPA “impermissibly advances] religion by giving greater protection to religious rights than to other constitutionally protected rights.” 349 F. 3d, at 264. Affording “religious prisoners rights superior to those of nonreligious prisoners,” the court suggested, might “encour-ag[e] prisoners to become religious in order to enjoy greater rights.” Id., at 266.

We granted certiorari to resolve the conflict among Courts of Appeals on the question whether RLUIPA’s institutionalized-persons provision, § 3 of the Act, is consistent with the Establishment Clause of the First Amendment. 543 U. S. 924 (2004). Compare 349 F. 3d 257 with Madison v. Riter, 355 F. 3d 310, 313 (CA4 2003) (§3 of RLUIPA does not violate the Establishment Clause); Charles v. Verhagen, 348 F. 3d 601, 610-611 (CA7 2003) (same); Mayweathers v. Newland, 314 F. 3d 1062, 1068-1069 (CA9 2002) (same). We now reverse the judgment of the Court of Appeals for the Sixth Circuit.

II

A

The Religion Clauses of the First Amendment provide: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first of the two Clauses, commonly called the Establishment Clause, commands a separation of church and state. The second, the Free Exercise Clause, requires government respect for, and noninterference with, the religious beliefs and practices of our Nation’s people. While the two Clauses express complementary values, they often exert conflicting pressures. See Locke, 540 U. S., at 718 (“These two Clauses . . . are frequently in tension.”); Walz, 397 U. S., at 668-669 (“The Court has struggled to find a neutral course between the two Religion Clauses, both of which are cast in absolute terms, and either of which, if expanded to a logical extreme, would tend to clash with the other.”).

Our decisions recognize that “there is room for play in the joints” between the Clauses, id., at 669, some space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause. See, e. g., Smith, 494 U. S., at 890 (“[A] society that believes in the negative protection accorded to religious belief can be expected to be solicitous of that value in its legislation . . . .”); Amos, 483 U. S., at 329-330 (Federal Government may exempt secular nonprofit activities of religious organizations from Title VII’s prohibition on religious discrimination in employment); Sherbert v. Verner, 374 U. S. 398, 422 (1963) (Harlan, J., dissenting) (“The constitutional obligation of ‘neutrality’ is not so narrow a channel that the slightest deviation from an absolutely straight course leads to condemnation.” (citation omitted)). In accord with the majority of Courts of Appeals that have ruled on the question, see supra, at 718 and this page, we hold that §3 of RLUIPA fits within the corridor between the Religion Clauses: On its face, the Act qualifies as a permissible legislative accommodation of religion that is not barred by the Establishment Clause.

Foremost, we find RLUIPA’s institutionalized-persons provision compatible with the Establishment Clause because it alleviates exceptional government-created burdens on private religious exercise. See Board of Ed. of Kiryas Joel Village School Dist. v. Grumet, 512 U. S. 687, 705 (1994) (government need not “be oblivious to impositions that legitimate exercises of state power may place on religious belief and practice”); Amos, 483 U. S., at 349 (O’Connor, J., concurring in judgment) (removal of government-imposed burdens on religious exercise is more likely to be perceived “as an accommodation of the exercise of religion rather than as a Government endorsement of religion”). Furthermore, the Act on its face does not founder on shoals our prior decisions have identified: Properly applying RLUIPA, courts must take adequate account of the burdens a requested accommodation may impose on nonbeneficiaries, see Estate of Thornton v. Caldor, Inc., 472 U. S. 703 (1985); and they must be satisfied that the Act’s prescriptions are and will be administered neutrally among different faiths, see Kiryas Joel, 512 U. S. 687.

“[T]he ‘exercise of religion’ often involves not only belief and profession but the performance of... physical acts [such as] assembling with others for a worship service [or] participating in sacramental use of bread and wine . . . .” Smith, 494 U. S., at 877. Section 3 covers state-run institutions— mental hospitals, prisons, and the like — in which the government exerts a degree of control unparalleled in civilian society and severely disabling to private religious exercise. 42 U. S. C. § 2000cc-l(a); § 1997; see Joint Statement 16699 (“Institutional residents’ right to practice their faith is at the mercy of those running the institution.”). RLUIPA thus protects institutionalized persons who are unable freely to attend to their religious needs and are therefore dependent on the government’s permission and accommodation for exercise of their religion.

We note in this regard the Federal Government’s accommodation of religious practice by members of the military. See, e. g., 10 U. S. C. § 3073 (referring to Army chaplains); Katcoff v. Marsh, 755 F. 2d 223, 225-229 (CA2 1985) (describing the Army chaplaincy program). In Goldman v. Weinberger, 475 U. S. 503 (1986), we held that the Free Exercise Clause did not require the Air Force to exempt an Orthodox Jewish officer from uniform dress regulations so that he could wear a yarmulke indoors. In a military community, the Court observed, “there is simply not the same [individual] autonomy as there is in the larger civilian community.” Id., at 507 (brackets in original; internal quotation marks omitted). Congress responded to Goldman by prescribing that “a member of the armed forces may wear an item of religious apparel while wearing the uniform,” unless “the wearing of the item would interfere with the performance [of] military duties [or] the item of apparel is not neat and conservative.” 10 U. S, C. § 774(a)-(b).

We do not read RLUIPA to elevate accommodation of religious observances over an institution’s need to maintain order and safety. Our decisions indicate that an accommodation must be measured so that it does not override other significant interests. In Caldor, the Court struck down a Connecticut law that “arm[ed] Sabbath observers with an absolute and unqualified right not to work on whatever day they designate^] as their Sabbath.” 472 U. S., at 709. We held the law invalid under the Establishment Clause because it “unyieldingly] weighted]” the interests of Sabbatarians “over all other interests.” Id., at 710.

We have no cause to believe that RLUIPA would not be applied.in an appropriately balanced way, with particular sensitivity to security concerns. While the Act adopts a “compelling governmental interest” standard, see supra, at 715, “[c]ontext matters” in the application of that standard. See Grutter v. Bollinger, 539 U. S. 306, 327 (2003). Lawmakers supporting RLUIPA were mindful of the urgency of discipline, order, safety, and security in penal institutions. See, e.g., 139 Cong. Rec. 26190 (1993) (remarks of Sen. Hatch). They anticipated that courts would apply the Act’s standard with “due deference to the experience and expertise of prison and jail administrators in establishing necessary regulations and procedures to maintain good order, security and discipline, consistent with consideration of costs and limited resources.” Joint Statement 16699 (quoting S. Rep. No. 103-111, at 10).

Finally, RLUIPA does not differentiate among bona fide faiths. In Kiryas Joel, we invalidated a state law that carved out a separate school district to serve exclusively a community of highly religious Jews, the Satmar Hasidim. We held that the law violated the Establishment Clause, 512 U. S., at 690, in part because it “single[d] out a particular religious sect for special treatment,” id,., at 706 (footnote omitted). RLUIPA presents no such defect. It confers no privileged status on any particular religious sect, and singles out no bona fide faith for disadvantageous treatment.

B

The Sixth Circuit misread our precedents to require invalidation of RLUIPA as “impermissibly advancing religion by giving greater protection to religious rights than to other constitutionally protected rights.” 349 F. 3d, at 264. Our decision in Amos counsels otherwise. There, we upheld against an Establishment Clause challenge a provision exempting “religious organizations from Title VIPs prohibition against discrimination in employment on the basis of religion.” 483 U. S., at 329. The District Court in Amos, reasoning in part that the exemption improperly “single[d] out religious entities for a benefit,” id., at 338, had “declared the statute unconstitutional as applied to secular activity,” id., at 333. Religious accommodations, we held, need not “come packaged with benefits to secular entities.” Id., at 338; see Madison, 355 F. 3d, at 318 (“There is no requirement that legislative protections for fundamental rights march in lockstep.”).

Were the Court of Appeals’ view the correct reading of our decisions, all manner of religious accommodations would fall. Congressional permission for members of the military to wear religious apparel while in uniform would fail, see 10 U. S. C. § 774, as would accommodations Ohio itself makes. Ohio could not, as it now does, accommodate “traditionally recognized” religions, 221 F. Supp. 2d, at 832: The State provides inmates with chaplains “but not with publicists or political consultants,” and allows “prisoners to assemble for worship, but not for political rallies,” Reply Brief for United States 5.

In upholding RLUIPA’s institutionalized-persons provision, we emphasize that respondents “have raised a facial challenge to [the Act’s] constitutionality, and have not contended that under the facts of any of [petitioners’] specific cases . . . [that] applying RLUIPA would produce unconstitutional results.” 221 F. Supp. 2d, at 831. The District Court, noting the underdeveloped state of the record, concluded: A finding “that it is factually impossible to provide the kind of accommodations that RLUIPA will require without significantly compromising prison security or the levels of service provided to other inmates” cannot be made at this juncture. Id., at 848 (emphasis added). We agree.

“For more than a decade, the federal Bureau of Prisons has managed the largest correctional system in the Nation under the same heightened scrutiny standard as RLUIPA without compromising prison security, public safety, or the constitutional rights of other prisoners.” Brief for United States 24 (citation omitted). The Congress that enacted RLUIPA was aware of the Bureau’s experience. See Joint Statement 16700 (letter from Dept, of Justice to Sen. Hatch) (“[W]e do not believe [RLUIPA] would have an unreasonable impact on prison operations. RFRA has been in effect in the Federal prison system for six years and compliance with that statute has not been an unreasonable burden to the Federal prison system.”). We see no reason to anticipate that abusive prisoner litigation will overburden the operations of state and local institutions. The procedures mandated by the Prison Litigation Reform Act of 1995, we note, are designed to inhibit frivolous filings.

Should inmate requests for religious accommodations become excessive, impose unjustified burdens on other institutionalized persons, or jeopardize the effective functioning of an institution, the facility would be free to resist the imposition. In that event, adjudication in as-applied challenges would be in order.

* * *

For the reasons stated, the judgment of the United States Court of Appeals for the Sixth Circuit is reversed, arid the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Justice Thomas,

concurring.

I join the opinion of the Court. I agree with the Court that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is constitutional under our modern Establishment Clause case law. I write to explain why a proper historical understanding of the Clause as a federalism provision leads to the same conclusion.

I — I

The Establishment Clause provides that “Congress shall make no law respecting an establishment of religion.” Amdt. 1. As I have explained, an important function of the Clause was to “ma[ke] clear that Congress could not interfere with state establishments.” Elk Grove Unified School Dist. v. Newdow, 542 U. S. 1, 50 (2004) (opinion concurring in judgment). The Clause, then, “is best understood as a federalism provision” that “protects state establishments from federal interference.” Ibid.; see also Zelman v. Simmons-Harris, 536 U. S. 639, 677-680 (2002) (Thomas, J., concurring); Lee v. Weisman, 505 U. S. 577, 641 (1992) (Scalia, J., dissenting). Ohio contends that this federalism understanding of the Clause prevents federal oversight of state choices within the “ ‘play in the joints’ ” between the Free Exercise and Establishment Clauses. Locke v. Davey, 540 U. S. 712, 718-719 (2004). In other words, Ohio asserts that the Clause protects the States from federal interference with otherwise constitutionally permissible choices regarding religious policy. In Ohio’s view, RLUIPA intrudes on such state policy choices and hence violates the Clause.

Ohio’s vision of the range of protected state authority overreads the Clause. Ohio and its amici contend that, even though “States can no longer establish preferred churches” because the Clause has been incorporated against the States through the Fourteenth Amendment, “Congress is as unable as ever to contravene constitutionally permissible State choices regarding religious policy.” Brief for Respondents 26 (emphasis added); Brief for Commonwealth of Virginia et al. as Amici Curiae 6-13. That is not what the Clause says. The Clause prohibits Congress from enacting legislation “respecting an establishment of religion” (emphasis added); it does not prohibit Congress from enacting legislation “respecting religion” or “taking cognizance of religion.” P. Hamburger, Separation of Church and State 106-107 (2002). At the founding, establishment involved “ ‘coercion of religious orthodoxy and of financial support by force of law and threat of penalty,’ Newdow, supra, at 52 (Thomas, J., concurring in judgment) (quoting Lee, supra, at 640-641 (Scalia, J., dissenting), in turn citing L. Levy, The Establishment Clause 4 (1986)), including “ ‘governmental preferences for particular religious faiths,’ ” 542 U. S., at 53 (quoting Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 856 (1995) (Thomas, J., concurring)). In other words, establishment at the founding involved, for example, mandatory observance or mandatory payment of taxes supporting ministers. See 542 U. S., at 52 (Thomas, J., concurring in judgment); Lee, supra, at 640-641 (Scalia, J., dissenting); McConnell 2131; L. Levy, The Establishment Clause: Religion and the First Amendment 10 (2d ed. 1994). To proscribe Congress from making laws “respecting an establishment of religion,” therefore, was to forbid legislation respecting coercive state establishments, not to preclude Congress from legislating on religion generally.

History, at least that presented by Ohio, does not show that the Clause hermetically seals the Federal Government out of the field of religion. Ohio points to, among other things, the words of James Madison in defense of the Constitution at the Virginia Ratifying Convention: “There is not a shadow of right in the general government to intermeddle with religion. Its least interference with it would be a most flagrant usurpation.” General Defense of the Constitution (June 12,1788), reprinted in 11 Papers of James Madison 130 (R. Rutland, C. Hobson, W. Rachal, & J. Sisson eds. 1977). Ohio also relies on James Iredell’s statement discussing the Religious Test Clause at the North Carolina Ratifying Convention:

“[Congress] certainly [has] no authority to interfere in the establishment of any religion whatsoever .... Is there any power given to Congress in matters of religion? Can they pass a single act to impair our religious liberties? If they could, it would be a just cause of alarm .... If any future Congress should pass an act concerning the religion of the country, it would be an act which they are not authorized to pass, by the Constitution, and which the people would not obey.” Debate in North Carolina Ratifying Convention (July 30, 1788), in 5 Founders’ Constitution 90 (P. Kurland & R. Lerner eds. 1987).

These quotations do not establish the Framers’ beliefs about the scope of the Establishment Clause. Instead, they demonstrate only that some of the Framers may have believed that the National Government had no authority to legislate concerning religion, because no enumerated power gave it that authority. Ohio’s Spending Clause and Commerce Clause challenges, therefore, may well have merit. See n. 2, supra.

In any event, Ohio has not shown that the Establishment Clause codified Madison’s or Iredell’s view that the Federal Government could not legislate regarding religion. An un-enacted version of the Clause, proposed in the House of Representatives, demonstrates the opposite. It provided that "Congress shall make no laws touching religion, or infringing the rights of conscience.” 1 Annals of Cong. 731 (1789); see also Wallace v. Jaffree, 472 U. S. 38, 96-97 (1985) (Rehnquist, J., dissenting). The words ultimately adopted, “Congress shall make no law respecting an establishment of religion,” “identified a position from which [Madison] had once sought to distinguish his own,” Hamburger, Separation of Church and State, at 106. Whatever he thought of those words, “he clearly did not mind language less severe than that which he had [previously] used.” Ibid. The version of the Clause finally adopted is narrower than Ohio claims.

Nor does the other historical evidence on which Ohio relies — Joseph Story’s Commentaries on the Constitution— prove its theory. Leaving aside the problems with relying on this source as an indicator of the original understanding, see U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 856 (1995) (Thomas, J., dissenting), it is unpersuasive in its own right. Justice Story did say that “the whole power over the subject of religion is left exclusively to the state governments, to be acted upon according to their own sense of justice, and the state constitutions.” Commentaries on the Constitution of the United States 702-703 (1833) (reprinted 1987). In context, however, his statement concerned only Congress’ inability to legislate with respect to religious establishment. See id., at 701 (“The real object of the amendment was ... to prevent any national ecclesiastical establishment, which should give to an hierarchy the exclusive patronage of the national government”); id., at 702 (“[I]t was deemed advisable to exclude from the national government all power to act upon the subject.... It was impossible, that there should not arise perpetual strife and perpetual jealousy on the subject of ecclesiastical ascendancy, if the national government were left free to create a religious establishment”).

In short, the view that the Establishment Clause precludes Congress from legislating respecting religion lacks historical provenance, at least based on the history of which I am aware. Even when enacting laws that bind the States pursuant to valid exercises of its enumerated powers, Congress need not observe strict separation between church and state, or steer clear of the subject of religion. It need only refrain from making laws “respecting an establishment of religion”; it must not interfere with a state establishment of religion. For example, Congress presumably could not require a State to establish a religion any more than it could preclude a State from establishing a religion.

I — } I — I

On its face — the relevant inquiry, as this is a facial challenge — RLUIPA is not a law “respecting an establishment of religion.” RLUIPA provides, as relevant: “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution,... even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person,” first, “furtherfs] a compelling governmental interest,” and second, “is the least restrictive means of furthering that compelling governmental interest.” 42 U. S. C. §§2000cc-l(a)(l)-(2). This provision does not prohibit or interfere with state establishments, since no State has established (or constitutionally could establish, given an incorporated Clause) a religion. Nor does the provision require a State to establish a religion: It does not force a State to coerce religious observance or payment of taxes supporting clergy, or require a State to prefer one religious sect over another. It is a law respecting religion, but not one respecting an establishment of religion.

In addition, RLUIPA’s text applies to all laws passed by state and local governments, including “rule[s] of general applicability,” ibid., whether or not they concern an establishment of religion. State and local governments obviously have many laws that have nothing to do with religion, let alone establishments thereof. Numerous applications of RLUIPA therefore do not contravene the Establishment Clause, and a facial challenge based on the Clause must fail. See United States v. Booker, 543 U. S. 220, 314 (2005) (Thomas, J., concurring in part and dissenting in part); United States v. Salerno, 481 U. S. 739, 745 (1987).

It also bears noting that Congress, pursuant to its Spending Clause authority, conditioned the States’ receipt of federal funds on their compliance with RLUIPA. §2000cc-1(b)(1) (“This section applies in any case in which . . . the substantial burden is imposed in a program or activity that receives Federal financial assistance”). As noted above, n. 2, supra, RLUIPA may well exceed the spending power. Nonetheless, while Congress’ condition stands, the States subject themselves to that condition by voluntarily accepting federal funds. The States’ voluntary acceptance of Congress’ condition undercuts Ohio’s argument that Congress is encroaching on its turf.

       Petitioners Cutter and Gerhardt are no longer in the custody of the Ohio Department of Rehabilitation and Correction. Brief for Petitioners 2, n. 1. No party has suggested that this case has become moot, nor has it: Without doubt, a live controversy remains among the still-incarcerated petitioners, the United States, and respondents. We do not reach the question whether the claims of Cutter and Gerhardt continue to present an actual controversy. See Steffel v. Thompson, 415 U. S. 452, 459-460, and n. 10 (1974).

       RFRA, Courts of Appeals have held, remains operative as to the Federal Government and federal territories and possessions. See O’Bryan v. Bureau of Prisons, 349 F. 3d 399, 400-401 (CA7 2003); Guam v. Guerrero, 290 F. 3d 1210, 1220-1222 (CA9 2002); Kikumura v. Hurley, 242 F. 3d 950, 958-960 (CA10 2001); In re Young, 141 F. 3d 854, 858-863 (CA8 1998). This Court, however, has not had occasion to rule on the matter.

       Section 2 of RLUIPA is not at issue here. We therefore express no view on the validity of that part of the Act.

       Every State, including Ohio, accepts federal funding for its prisons. Brief for United States 28, n. 16 (citing FY 2003 Office of Justice Programs & Office of Community Oriented Policing Services Grants by State).

       The hearings held by Congress revealed, for a typical example, that “[a] state prison in Ohio refused to provide Moslems with Hallal food, even though it provided Kosher food.” Hearing on Protecting Religious Freedom After Boerne v. Flores before the Subcommittee on the Constitution of the House Committee on the Judiciary, 105th Cong., 2d Sess., pt. 3, p. 11, n. 1 (1998) (hereinafter Protecting Religious Freedom) (prepared statement of Marc D. Stern, Legal Director, American Jewish Congress). Across the country, Jewish inmates complained that prison officials refused to provide sack lunches, which would enable inmates to break their fasts after nightfall. Id., at 39 (statement of Isaac M. Jaroslawicz, Director of Legal Affairs for the Aleph Institute). The “Michigan Department of Corrections . . . prohibited] the lighting of Chanukah candles at all state prisons” even though “smoking” and “votive candles” were permitted. Id., at 41 (same). A priest responsible for communications between Roman Catholic dioceses and corrections facilities in Oklahoma stated that there “was [a] nearly yearly battle over the Catholic use of Sacramental Wine ... for the celebration of the Mass,” and that prisoners’ religious possessions, “such as the Bible, the Koran, the Talmud or items needed by Native Americans[,].. . were frequently treated with contempt and were confiscated, damaged or discarded” by prison officials. Id., pt. 2, at 58-59 (prepared statement of Donald W. Brooks, Reverend, Diocese of Tulsa, Oklahoma).

         Lemon stated a three-part test: “First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster an excessive government entanglement with religion.” 403 U. S., at 612-613 (citations and internal quotation marks omitted). We resolve this case on other grounds.

       Respondents argued below that RLUIPA exceeds Congress’ legislative powers under the Spending and Commerce Clauses and violates the Tenth Amendment. The District Court rejected respondents’ challenges under the Spending Clause, Gerhardt v. Lazaroff, 221 F. Supp. 2d 827, 839-849 (SD Ohio 2002), and the Tenth Amendment, id., at 850-851, and declined to reach the Commerce Clause question, id., at 838-839. The Sixth Circuit, having determined that RLUIPA violates the Establishment Clause, did not rule on respondents’ further arguments. See 349 F. 3d 257, 259-260, 269 (2003). Respondents renew those arguments in this Court. They also augment their federalism-based or residual-powers contentions by asserting that, in the space between the Free Exercise and Establishment Clauses, the States’ choices are not subject to congressional oversight. See Brief for Respondents 9, 25-33; cf. Madison v. Riter, 355 F. 3d 310, 322 (CA4 2003). Because these defensive pleas were not addressed by the Court of Appeals, and mindful that we are a court of review, not of first view, we do not consider them here. See F. Hoffmann-La Roche Ltd v. Empagran S. A., 542 U. S. 155, 175 (2004); United States v. Oakland Cannabis Buyers’ Cooperative, 532 U. S. 483, 494 (2001). But cf. post, at 727, n. 2 (Thomas, J., concurring).

       Directed at obstructions institutional arrangements place on religious observances, RLUIPA does not require a State to pay for an inmate’s devotional accessories. See, e. g., Charles v. Verhagen, 348 F. 3d 601, 605 (CA7 2003) (overturning prohibition on possession of Islamic prayer oil but leaving inmate-plaintiff with responsibility for purchasing the oil).

       See, e. g., ibid. (prison’s regulation prohibited Muslim prisoner from possessing ritual cleansing oil); Young v. Lane, 922 F. 2d 370, 375-376 (CA7 1991) (prison’s regulation restricted wearing of yarmulkes); Hunafa v. Murphy, 907 F. 2d 46, 47-48 (CA7 1990) (noting instances in which Jewish and Muslim prisoners were served pork, with no substitute available).

       Respondents argue, in line with the Sixth Circuit, that RLUIPA goes beyond permissible reduction of impediments to free exercise. The Act, they project, advances religion by encouraging prisoners to “get religion,” and thereby gain accommodations afforded under RLUIPA. Brief for Respondents 15-17; see 349 F. 3d, at 266 (“One effect of RLUIPA is to induce prisoners to adopt or feign religious belief in order to receive the statute’s benefits.”). While some accommodations of religious observance, notably the opportunity to assemble in worship services, might attract joiners seeking a break in their closely guarded day, we doubt that all accommodations would be perceived as “benefits.” For example, congressional hearings on RLUIPA revealed that one state corrections system served as its kosher diet “a fruit, a vegetable, a granola bar, and a liquid nutritional supplement — each and every meal.” Protecting Religious Freedom, pt. 3, at 38 (statement of Jaroslawicz).
      The argument, in any event, founders on the fact that Ohio already facilitates religious services for mainstream faiths. The State provides chaplains, ¿Hows inmates to possess religious items, and permits assembly for worship. See App. 199 (affidavit of David Schwarz, Religious Services Administrator for the South Region of the Ohio Dept, of Rehabilitation and Correction (Oct. 19,2000)) (job duties include “facilitating the delivery of religious services in 14 correctional institutions of various security levels throughout . . . Ohio”); Ohio Dept, of Rehabilitation and Correction, Table of Organization (Apr. 2005), available at http://www.drc.state.oh.us/ web/DRCORGl.pdf (as visited May 27, 2005, and available in Clerk of Court’s case file) (department includes “Religious Services” division); Brief for United States 20, and n. 8 (citing, inter alia, Gawloski v. Dallman, 803 F. Supp. 103, 113 (SD Ohio 1992) (inmate in protective custody allowed to attend a congregational religious service, possess a Bible and other religious materials, and receive chaplain visits); Taylor v. Perini, 413 F. Supp. 189, 238 (ND Ohio 1976) (institutional chaplains had free access to correctional area)).

       The Sixth Circuit posited that an irreligious prisoner and member of the Aryan Nation who challenges prison officials’ confiscation of his white supremacist literature as a violation of his free association and expression rights would have his claims evaluated under the deferential rational-relationship standard described in Turner v. Safley, 482 U. S. 78 (1987). A member of the Church of Jesus Christ Christian challenging a similar withholding, the Sixth Circuit assumed, would have a stronger prospect of success because a court would review his claim under RLUIPA’s compelling-interest standard. 349 F. 3d, at 266 (citing Madison v. Riter, 240 F. Supp. 2d 566, 576 (WD Va. 2003)). Courts, however, may be expected to recognize the government’s countervailing compelling interest in not facilitating inflammatory racist activity that could imperil prison security and order. Cf. Reimann v. Murphy, 897 F. Supp. 398, 402-403 (ED Wis. 1995) (concluding, under RFRA, that excluding racist literature advocating violence was the least restrictive means of furthering the compelling state interest in preventing prison violence); George v. Sullivan, 896 F. Supp. 895, 898 (WD Wis. 1995) (same).

       State prison officials make the first judgment about whether to provide a particular accommodation, for a prisoner may not sue under RLUIPA without first exhausting all available administrative remedies. See 42 U. S. C. §2000cc-2(e) (nothing in RLUIPA “shall be construed to amend or repeal the Prison Litigation Reform Act of 1995”); §1997e(a) (requiring exhaustion of administrative remedies).

       Respondents argue that prison gangs use religious activity to cloak their illicit and often violent conduct. The instant case was considered below on a motion to dismiss. Thus, the parties’ conflicting assertions on this matter are not before us. It bears repetition, however, that prison security is a compelling state interest, and that deference is due to institutional officials’ expertise in this area. See supra, at 722-723. Further, prison officials may appropriately question whether a prisoner’s religiosity, asserted as the basis for a requested accommodation, is authentic. Although RLUIPA bars inquiry into whether a particular belief or practice is “central” to a prisoner’s religion, see 42 U. S. C. §2000cc-5(7)(A), the Act does not preclude inquiry into the sincerity of a prisoner’s professed religiosity. Cf. Gillette v. United States, 401 U. S. 437, 457 (1971) (“ ‘[T]he “truth” of a belief is not open to question’; rather, the question is whether the objector’s beliefs are ‘truly held.’” (quoting United States v. Seeger, 380 U. S. 163, 185 (1965))).

       See supra, at 723, n. 12.

       The Court properly declines to assess RLUIPA under the discredited test of Lemon v. Kurtzman, 403 U. S. 602 (1971), which the Court of Appeals applied below, 349 F. 3d 257, 262-268 (CA6 2003). Lemon held that, to avoid invalidation under the Establishment Clause, a statute “must have a secular legislative purpose,” “its principal or primary effect must be one that neither advances nor inhibits religion,” and it “must not foster an excessive government entanglement with religion.” 403 U. S., at 612-613 (internal quotation marks omitted). Under the first and second prongs, RLUIPA — and, indeed, any accommodation of religion — might well violate the Clause. Even laws disestablishing religion might violate the Clause. Disestablishment might easily have a religious purpose and thereby flunk the first prong, or it might well “strengthen and revitalize” religion and so fail the second. McConnell, Establishment and Disestablishment at the Founding, Part I: Establishment of Religion, 44 Wm. & Mary L. Rev. 2105, 2206-2207 (2003) (hereinafter McConnell).

       The Court dismisses the parties’ arguments about the federalism aspect of the Clause with the brief observation that the Court of Appeals did not address the issue. Ante, at 718, n. 7. The parties’ contentions on this point, however, are fairly included in the question presented, which asks “[w]hether Congress violated the Establishment Clause by enacting [RLUIPA].” Pet. for Cert. i. Further, both parties have briefed the federalism understanding of the Clause, Brief for Respondents 25-33; Reply Brief for Petitioners 12-16, and neither suggests that a remand on it would be useful or that the record in this Court lacks relevant facts, Good News Club v. Milford Central School, 533 U. S. 98, 119, n. 9 (2001).
      Also, though RLUIPA is entirely consonant with the Establishment Clause, it may well exceed Congress’ authority under either the Spending Clause or the Commerce Clause. See Sabri v. United States, 541 U. S. 600, 613 (2004) (Thomas, J., concurring in judgment) (for a Spending Clause condition on a State’s receipt of funds to be “Necessary and Proper” to the expenditure of the funds, there must be “some obvious, simple, and direct relation” between the condition and the expenditure of the funds); United States v. Lopez, 514 U. S. 549, 587 (1995) (Thomas, J., concurring) (“The Constitution not only uses the word ‘commerce’ in a narrower sense than our case law might suggest, it also does not support the proposition that Congress has authority over all activities that ‘substantially affect’ interstate commerce”). The Court, however, properly declines to reach those issues, since they are outside the question presented and were not addressed by the Court of Appeals.

       Ohio claims the benefit of the federalism aspect of the Clause, yet simultaneously adheres to the view that the Establishment Clause was incorporated against the States through the Fourteenth Amendment. Brief for Respondents 25-26. These positions may be incompatible. The text and history of the Clause may well support the view that the Clause is not incorporated against the States precisely because the Clause shielded state establishments from congressional interference. Elk Grove Unified School Dist. v. Newdow, 542 U. S. 1, 50-51 (2004) (Thomas, J., concurring in judgment). I note, however, that a state law that would violate the incorporated Establishment Clause might also violate the Free Exercise Clause. Id., at 58, n. 4, 54, n. 5.


source: Caselaw Access Project

author: Justice Breyer Justice Thomas,

license: Public Domain

text:
    TORY et al. v. COCHRAN
    No. 03-1488.
    Argued March 22, 2005
    Decided May 31, 2005

      Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O’Connor, Kennedy, Souter, and Ginsburg, JJ., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, post, p. 739.

      Erwin Chemerinsky argued the cause for petitioners. With him on the briefs were Gary L. Bostwick and Jean-Paul Jassy.

      Jonathan B. Cole argued the cause for respondent. With him on the brief were Karen K. Coffin and Susan S. Baker

      Briefs of amici curiae urging reversal were filed for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, James B. Coppess, and Laurence Gold; for the Thomas Jefferson Center for the Protection of Free Expression by Robert M. O’Neil and J. Joshua Wheeler; for Alfred L. Brophy et al. by Michael I. Meyerson, pro se; and for Michelangelo Delfino et al. by Jon B. Eisenberg and Jeremy B. Rosen.

        Kelli L. Sager, Jeffrey L. Fisher, Jerry S. Birenz, Richard A. Bernstein, Jonathan Bloom, Harold W. Fuson, Jr., Thomas B. Kelley, Steven D. Zansberg, Eve Burton, Jonathan R. Donnellan, Karlene Goller, George Freeman, Lucy A. Dalglish, and Eric N. Lieberman filed a brief for Los Angeles Times Communications LLC et al. as amici curiae.

   Justice Breyer

delivered the opinion of the Court.

Johnnie Cochran brought a state-law defamation action against petitioner Ulysses Tory. The state trial court determined that Tory (with the help of petitioner Ruth Craft and others) had engaged in unlawful defamatory activity. . It found, for example, that Tory, while claiming falsely that Cochran owed him money, had complained to the local bar association, had written Cochran threatening letters demanding $10 million, had picketed Cochran’s office holding up signs containing various insults and obscenities; and, with a group of associates, had pursued Cochran while chanting similar threats and insults. App. 88,40-41. The court concluded that Tory’s claim that Cochran owed him money was without foundation, that Tory engaged in a continuous pattern of libelous and slanderous activity, and that Tory had used false and defamatory speech to “coerce” Cochran into paying “amounts of money to which Tory was not entitled” as a “tribute” or a “premium” for “desisting” from this libelous and slanderous activity. Id., at 39, 42-48.

After noting that Tory had indicated that he would continue to engage in this activity in the absence of a court order, the Superior Court issued a permanent injunction. The injunction, among other things, prohibited Tory, Craft, and their “agents” or “representatives” from “picketing,” from “displaying signs, placards or other written or printed material,” and from “orally uttering statements” about Johnnie L. Cochran, Jr., and about Cochran’s law firm in “any public forum.” Id., at 34.

Tory and Craft appealed. The California Court of Appeal affirmed. Tory and Craft then filed a petition for a writ of certiorari, raising the following question:

“Whether a permanent injunction as a remedy in a defamation action, preventing all future speech about an admitted public figure, violates the First Amendment.” Pet. for Cert. i.

After oral argument, Cochran’s counsel informed the Court of Johnnie Cochran’s recent death. Counsel also moved to substitute Johnnie Cochran’s widow, Sylvia Dale Mason Cochran, as respondent, and suggested that we dismiss the case as moot. Tory and Craft filed a response agreeing to the substitution of Ms. Cochran. But they denied that the case was moot.

We agree with Tory and Craft that the case is not moot. Despite Johnnie Cochran’s death, the injunction remains in effect. Nothing in its language says to the contrary. Cochran’s counsel tells us that California law does not recognize a “cause of action for an injury to the memory of a deceased person’s reputation,” see Kelly v. Johnson Pub. Co., 160 Cal. App. 2d 718, 325 P. 2d 659 (1958), which circumstance, counsel believes, “moots” a “'portion” of the injunction (the portion “personal to Cochran”). Respondent’s Suggestion of Death, etc., 4 (emphasis added). But counsel adds that “[t]he [injunction continues to be necessary, valid and enforceable.” Id., at 9. The parties have not identified, nor have we found, any source of California law that says the injunction here automatically becomes invalid upon Cochran’s death, not even the portion personal to Cochran. Counsel also points to the “value of” Cochran’s “law practice” and adds that his widow has an interest in enforcing the injunction. Id., at 11-12. And, as we understand California law, a person cannot definitively know whether an injunction is legally void until a court has ruled that it is. See Mason v. United States Fidelity & Guaranty Co., 60 Cal. App. 2d 587, 591, 141 P. 2d 475, 477-478 (1943) (“[W]here the party served believes” a court order “invalid he should take the proper steps to have it dissolved”); People v. Gonzalez, 12 Cal. 4th 804, 818, 910 P. 2d 1366, 1375 (1996) (“[A] person subject to a court’s injunction may elect whether to challenge the constitutional validity of the injunction when it is issued, or to reserve that claim until a violation of the injunction is charged as a contempt of court”). Given the uncertainty of California law, we take it as a given that the injunction here continues significantly to restrain petitioners’ speech, presenting an ongoing federal controversy. See, e. g., Dombrowski v. Pfister, 380 U. S. 479, 486-487 (1965); NAACP v. Button, 371 U. S. 415, 432-433 (1963). Consequently, we need not, and we do not, dismiss this case as moot. Cf. Firefighters v. Stotts, 467 U. S. 561, 569 (1984) (case not moot in part because it appears from “terms” of the injunction that it is “still in force” and “unless set aside must be complied with”).

At the same time, Johnnie Cochran’s death makes it unnecessary, indeed unwarranted, for us to explore petitioners’ basic claims, namely, (1) that the First Amendment forbids the issuance of a permanent injunction in a defamation case, at least when the plaintiff is a public figure, and (2) that the injunction (considered prior to Cochran’s death) was not properly tailored and consequently violated the First Amendment. See Brief for Petitioners ii, iii. Rather, we need only point out that the injunction, as written, has now lost its underlying rationale. Since picketing Cochran and his law offices while engaging in injunction-forbidden speech could no longer achieve the objectives that the trial court had in mind (i. e., coercing Cochran to pay a “tribute” for desisting in this activity), the grounds for the injunction are much diminished, if they have not disappeared altogether. Consequently the injunction, as written, now amounts to an overly broad prior restraint upon speech, lacking plausible justification. See Nebraska Press Assn. v. Stuart, 427 U. S. 539, 559 (1976) (“[P]rior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights”); Pittsburgh Press Co. v. Pittsburgh Comm’n on Human Relations, 413 U. S. 376, 390 (1973) (a prior restraint should not “swee[p]” any “more broadly than necessary”). As such, the Constitution forbids it. See Carroll v. President and Comm’rs of Princess Anne, 393 U. S. 175, 183-184 (1968) (An “order” issued in “the area of First Amendment rights” must be “precis[e]” and narrowly “tailored” to achieve the “pin-pointed objective” of the “needs of the case”); see also Board of Airport Comm’rs of Los Angeles v. Jews for Jesus, Inc., 482 U. S. 569, 575, 577 (1987) (regulation prohibiting “all 'First Amendment activities’ ” substantially overbroad).

We consequently grant the motion to substitute Sylvia Dale Mason Cochran for Johnnie Cochran as respondent. We vacate the judgment of the California Court of Appeal, and we remand the case for proceedings not inconsistent with this opinion. If, as the Cochran supplemental brief suggests, injunctive relief may still be warranted, any appropriate party remains free to ask for such relief. We express no view on the constitutional validity of any such new relief, tailored to these changed circumstances, should it be entered.

It is so ordered.

Justice Thomas,

with whom Justice Scalia joins,

dissenting.

I would dismiss the writ of certiorari as improvidently granted. We granted the writ, as the Court notes, to decide

“[w]hether a permanent injunction as a remedy in a defamation action, preventing all future speech about an admitted public figure, violates the First Amendment.” Pet. for Cert, i; ante, at 736.

Whether or not Johnnie Cochran’s death moots this case, it certainly renders the case an inappropriate vehicle for resolving the question presented. The Court recognizes this, ante, at 737-738, but nevertheless vacates the judgment below, ante, at 738. It does so only after deciding, as it must to exercise jurisdiction, that in light of the uncertainty in California law, the case is not moot. Ante, at 736-737; ASARCO Inc. v. Kadish, 490 U. S. 605, 621, n. 1 (1989) (when a case coming from a state court becomes moot, this Court “lack[s] jurisdiction and thus also the power to disturb the state court’s judgment”); see also City News & Novelty, Inc. v. Waukesha, 531 U. S. 278, 283-284 (2001):

In deciding the threshold mootness issue, a complicated problem in its own right, the Court strains to reach the validity of the injunction after Cochran’s death. Whether the injunction remains valid in these changed circumstances is neither the reason we took this case nor an important question, but merely a matter of case-specific error correction. Petitioners remain free to seek relief on both constitutional and state-law grounds in the California courts. And, if the injunction is invalid, they need not obey it: California does not recognize the “collateral bar” rule, and thus permits collateral challenges to injunctions in contempt proceedings. People v. Gonzalez, 12 Cal. 4th 804, 818, 910 P. 2d 1366, 1375 (1996) (a person subject to an injunction may challenge “the constitutional validity of the injunction when it is issued, or . . . reserve that claim until a violation of the injunction is charged as a contempt of court”). The California courts can resolve the matter and, given the new state of affairs, might very well adjudge the case moot or the injunction invalid on state-law grounds rather than the constitutional grounds the Court rushes to embrace. As a prudential matter, the better course is to avoid passing unnecessarily on the constitutional question. See Ashwander v. TVA, 297 U. S. 288, 345-348 (1936) (Brandeis, J., concurring).

The Court purports to save petitioners the uncertainty of possible enforcement of the injunction, and thereby to prevent any chill on their First Amendment rights, by vacating the judgment below. But what the Court gives with the left hand it takes with the right, for it only invites further litigation by pronouncing that “injunctive relief may still be warranted,” conceding that “any appropriate party remains free to ask for such relief,” and “expressing] no view on the constitutional validity of any such new relief.” Ante, at 738-739. What the Court means by “any appropriate party” is unclear. Perhaps the Court means Sylvia Dale Mason Cochran, Cochran’s widow, who has taken his place in this suit. Or perhaps it means the Cochran firm, which has never been a party to this case, but may now (if “appropriate”) intervene and attempt to enjoin the defamation of a now-deceased third party. The Court’s decision invites the doubts it seeks to avoid. Its decision is unnecessary and potentially self-defeating. The more prudent course is to dismiss the writ as improvidently granted. I respectfully dissent.


text:
    March 7, 2005
    No. 03-7999.
    No. 03-8067.
    No. 03-10877.
    No. 03-11049.
    No. 04-6155.
    No. 04-6643.
    Jones v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division. Capetillo v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division. Johnson v. Virginia. Barraza v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division. Duke v. Alabama. Dycus v. Mississippi.
   C. A. 5th Cir. Reported below: 74 Fed. Appx. 317;

C. A. 5th Cir. Reported below: 71 Fed. Appx. 348;

Sup. Ct. Va. Reported below: 267 Va. 53, 591 S. E. 2d 47;

Ct. Crim. App. Tex.;

Ct. Crim. App. Ala. Reported below: 889 So. 2d 1; and

Sup. Ct. Miss. Reported below: 875 So. 2d 140. Motions of petitioners for leave to proceed in forma pauperis granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of Roper v. Simmons, 543 U. S. 551 (2005).


text:
    No. 04-975.
    Lewis v. United States.
   C. A. 5th Cir. Cer-tiorari granted, judgment vacated, and case remanded for further consideration in light of United States v. Booker, 543 U. S. 220 (2005).


text:
    No. 04-7074.
    Baez v. Bureau of Immigration and Customs Enforcement et al.
   C. A. 5th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Clark v. Martinez, 543 U. S. 371 (2005).


text:
    No. 04-7533.
    Gordon, aka Jones v. United States. Mortier v. United States. Greene v. United States. Pidcoke v. United States. Powell v. United States. Sanchez-Flores v. United States. Smith v. United States. Gaona-Tovar v. United States; and Duarte-Juarez v. United States. Gooden v. United States. Fulks, aka Wellington v. United States. Cruz-Perez v. United States. Lopez v. United States. Meng Tuan Wang v. United States. Tellez-Boizo v. United States. Bowden v. United States. Green v. United States. Chicas-Sanchez v. United States. Brooks v. United States. Mitchell v. United States. Pipkins et al. v. United States. Levy v. United States.
   C. A. 3d Cir. Reported below: 104 Fed. Appx. 275;

No. 04-7589.

No. 04-8009.

No. 04-8240.

No. 04-8251.

No. 04-8307.

No. 04-8309.

No. 04-8322.

No. 04-8326.

No. 04-8357.

No. 04-8360.

No. 04-8369.

No. 04-8374.

No. 04-8396.

No. 04-8402.

No. 04-8422.

No. 04-8429.

No. 04-8433.

No. 04-8441.

No. 04-8455.

No. 04-8505.

C. A. 7th Cir. Reported below: 110 Fed. Appx. 687;

C. A. 4th Cir. Reported below: 108 Fed. Appx. 814;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 278;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 299;

C. A. 5th Cir. Reported below: 110 Fed. Appx. 463;

C. A. 11th Cir. Reported below: 124 Fed. Appx. 642;

C. A. 5th Cir. Reported below: 110 Fed. Appx. 438 (first judgment) and 461 (second judgment); C. A. 5th Cir. Reported below: 111 Fed. Appx. 297;

C. A. 4th Cir. Reported below: 113 Fed. Appx. 507;

C. A. 5th Cir. Reported below: 110 Fed. Appx. 457;

C. A. 2d Cir. Reported below: 372 F. 3d 86;

C. A. 5th Cir.;

C. A. 7th Cir. Reported below: 114 Fed. Appx. 754;

C. A. 6th Cir. Reported below: 380 F. 3d 266;

C. A. 6th Cir. Reported below: 101 Fed. Appx. 578;

C. A. 9th Cir. Reported below: 114 Fed. Appx. 884;

C. A. 4th Cir. Reported below: 111 Fed. Appx. 701;

C. A. 11th Cir. Reported below: 116 Fed. Appx. 245;

C. A. 11th Cir. Reported below: 378 F. 3d 1281; and

C. A. 11th Cir. Reported below: 125 Fed. Appx. 269. Motions of petitioners for leave to proceed informa pauperis granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of United States v. Booker, 543 U. S. 220 (2005).


text:
    No. 04M57.
    Shechet v. Shechet.
   Motion to direct the Clerk to file petition for writ of certiorari out of time denied.


text:
    No. 04-480.
    Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al.
   C. A. 9th Cir. [Certiorari granted, 543 U. S. 1032.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 04-495.
    Wilkinson, Director, Ohio Department of Rehabilitation and Correction, et al. v. Austin et al.
   C. A. 6th Cir. [Certiorari granted, 543 U. S. 1032.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 04-603.
    Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing.
   C. A. 6th Cir. [Cer-tiorari granted, 543 U. S. 1042.] Motion of respondent to dispense with printing the joint appendix granted. Motion of Jerome Mi-lulski et ux. for leave to file a brief as amici curiae granted.


text:
    No. 04-8639.
    In re Twitty.
   Petition for writ of habeas corpus denied.


text:
    No. 04-8023.
    In re Nimmons.
   Petition for writ of mandamus denied.


text:
    No. 04-759.
    United States v. Olson et al.
   C. A. 9th Cir. Certiorari granted.


text:
    No. 04-905.
    Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc.
   C. A. 8th Cir. Motions of National Association of State Directors of Pupil Transportation, Truck Manufacturers Association et al., and Washington Legal Foundation for leave to file briefs as amici curiae granted. Certiorari granted.


text:
    No. 04-510.
    Riccardo v. Rausch.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-589.
    Brink’s Co., fka Pittston Co., et al. v. United States et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-602.
    Namer et al. v. Federal Trade Commission.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-626.
    No. 04-786.
    Glendale Federal Bank, FSB v. United States; and United States v. Glendale Federal Bank, FSB.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 04-722.
    Martin Bros. Container & Timber Products Corp. et al. v. Martin et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-727.
    Covad Communications Co. et al. v. Bell-South Corp. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-736.
    DaimlerChrysler Canada, Inc., et al. v. Jaynes et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-740.
    SSA Gulf, Inc. v. Magee.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-742.
    Doe, Individually and on Behalf of All Others Similarly Situated v. United States.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 04-748.
    Washington Metropolitan Area Transit Authority v. Barbour et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 04-766.
    Lamers Dairy, Inc. v. Department of Agriculture.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-768.
    Cervini v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-888.
    Burton et al. v. Richmond et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-892.
    Rhoads v. Board of Trustees of the City of Calumet City Policemen’s Pension Fund.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 04-897.
    United Steelworkers of America, AFL-CIO, CLC v. Pension Benefit Guaranty Corporation.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-898.
    Barclay et al. v. Bank of New York.
   Ct. App. Ohio, Franklin County. Certiorari denied.


text:
    No. 04-902.
    Murphy v. Metropolitan Transit Authority.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-906.
    Zimmer v. Southwestern Bell Telephone Co.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-911.
    Keystone Land & Development Co. v. Xerox Corp.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-921.
    Bicycle Components Express, Inc., dba Soleus v. Brunswick Corp. et al.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 04-927.
    Broussard v. CITGO Petroleum Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-931.
    Samodumova v. Gonzales, Attorney General; and Samodumov et al. v. Gonzales, Attorney General.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-936.
    NIBCO, Inc. v. Rivera et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-940.
    Illinois v. Torres.
   App. Ct. Ill., 1st Dist. Cer-tiorari denied.


text:
    No. 04-943.
    Kittery Retail Ventures, LLC, et al. v. Town of Kittery, Maine.
   Sup. Jud. Ct. Me. Certiorari denied.


text:
    No. 04-946.
    Keller v. Texas.
   Ct. App. Tex., 1st Dist. Cer-tiorari denied.


text:
    No. 04-964.
    Mills v. Rhode Island Department of Health, Board of Medical Licensure and Discipline, et al.
   Sup. Ct. R. I. Certiorari denied.


text:
    No. 04-998.
    Covucci v. Service Merchandise Co., Inc.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-1008.
    Cheatham v. United States.
   C. A. 11th Cir.

Certiorari denied.


text:
    No. 04-1010.
    Hilgers v. North Dakota.
   Sup. Ct. N. D. Certiorari denied.


text:
    No. 04-1015.
    Johnson v. Indiana.
   Ct. App. Ind. Certiorari’ denied.


text:
    No. 04-7174.
    Holland v. Mississippi.
   Sup. Ct. Miss. Cer-tiorari denied.


text:
    No. 04-7458.
    Newton v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-7497.
    Newton v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   Ct. Grim. App. Tex. Certiorari denied.


text:
    No. 04-7697.
    Gilmore v. United States Postal Service.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 04-7880.
    Rudolph v. Galetka, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-7887.
    McDaniel v. Crist, Attorney General of Florida, et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-7896.
    Richardson v. Sisk et al.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 04-7899.
    Winrow v. Oklahoma.
   Ct. Crina. App. Okla. Certiorari denied.


text:
    No. 04-7912.
    Phifer v. Wabash Valley Correctional Facility et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-7914.
    Moore v. Texas.
   Ct. App. Tex., 14th Dist. Certiorari denied.


text:
    No. 04-7916.
    Webb v. Roper, Superintendent, Potosi Correctional Center.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-7924.
    Phifer v. Wabash Valley Correctional Facility et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-7932.
    Pompe v. Farwell, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7941.
    Bishop v. Norfolk Southern Railway Co. et al.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-7943.
    Anaya v. Kernan, Acting Warden, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7945.
    Bearden v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-7946.
    Branch v. Mississippi.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 04-7948.
    Jamison v. California.
   Ct. App. Cal., 6th App. Dist. Certiorari denied.


text:
    No. 04-7951.
    Munoz v. Cooper, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-7954.
    Jenkins v. Texas.
   Ct. Crina. App. Tex. Cer-tiorari denied.


text:
    No. 04-7955.
    Lopez v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 04-7956.
    Diaz Maldonado v. Olander, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-7960.
    Warren v. Crawford, Director, Nevada Department of Corrections, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7961.
    Wooten v. California.
   Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 04-7962.
    Wilhelm v. Yarborough, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7963.
    Torres v. Texas.
   Ct. App. Tex., 8th Dist. Certiorari denied.


text:
    No. 04-7965.
    Romer v. Travis, Chairperson, New York Board of Parole, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-7967.
    Steward v. Lamarque, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7968.
    Sample v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 04-7972.
    Basey v. Wathen et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-7976.
    Peterson v. Whole Foods Market California, Inc.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 04-7977.
    Murillo v. Carey, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7982.
    Mosley v. Sobina, Superintendent, State Correctional Institution at Somerset.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 04-7987.
    Gray v. Massachusetts.
   App. Ct. Mass. Cer-tiorari denied.


text:
    No. 04-7992.
    Hamilton v. Newland, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7993.
    Woodberry v. Werholtz, Secretary, Kansas Department of Corrections, et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-7997.
    Brown, aka Williams v. Carroll, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-8003.
    Hurst v. TRW, Inc.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-8005.
    Cota Ramirez v. Blacketter, Superintendent, Eastern Oregon Correctional Institution.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8006.
    Queen v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 04-8014.
    Hammond v. Administrative Office of the Illinois Courts et al.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 04-8015.
    Hull v. State Farm Mutual Automobile Insurance Co.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-8016.
    Dyson v. Iowa.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-8017.
    Cook v. Cabana.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8020.
    Chapel v. Smith, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8021.
    Shank v. Virginia.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 04-8022.
    Scott v. Upton, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8024.
    Owen v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-8026.
    Jackson v. Renico, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8032.
    Thurmond v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 04-8035.
    Allen v. Nevada.
   Sup. Ct. Nev. Certiorari denied.


text:
    No. 04-8051.
    Casteel v. Illinois.
   App. Ct. Ill., 2d Dist. Certiorari denied.


text:
    No. 04-8052.
    James v. Illinois.
   App. Ct. Ill., 1st Dist. Cer-tiorari denied.


text:
    No. 04-8067.
    Roberts v. Cohen, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8086.
    Marbou v. Gonzales, Attorney General.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8089.
    Casas-Castrillon v. Gonzales, Attorney General.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8094.
    Chapman v. Illinois.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 04-8109.
    Myron v. Lamarque, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8156.
    Odom v. United States.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 04-8160.
    Romero v. Hamlet, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8165.
    LeTourneau v. Hickman, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8201.
    DeVore v. Hill, Superintendent, Snake River Correctional Institution (two judgments).
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 04-8232.
    Walton v. Crosby, Secretary, Florida Department of Corrections.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8243.
    Daniels et ux. v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-8248.
    Savarese v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-8278.
    Thacker v. Oklahoma.
   Ct. Crim. App. Okla. Certiorari denied.


text:
    No. 04-8279.
    Williams v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8293.
    Spencer v. Easter et al.
   C. A. 4th Cir. Cer-tiorari denied.


text:
    No. 04-8339.
    Wooten v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8350.
    Vigil v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-8377.
    Poggemiller v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-8381.
    Stearns v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-8382.
    Scott v. Haines, Warden.
   Sup. Ct. App. W. Va. Certiorari denied.


text:
    No. 04-8404.
    Baker v. Schriro, Director, Arizona Department of Corrections, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8406.
    Romero-Gallardo v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-8409.
    Hronek v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8445.
    Langford v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-8451.
    Smith v. United States.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 04-8452.
    Blackshear v. United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-8457.
    Jimenez v. Mendez, Warden.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-8460.
    Dusenberry v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8472.
    Brown v. Internal Revenue Service et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8474.
    Alvarez v. United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-8476.
    Pollard v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-8482.
    Bibb v. United States.
   C. A. 11th Cir. Cer-tiorari denied.


text:
    No. 04-8488.
    Young v. McKelvy, Warden.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8489.
    Camacho et al. v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-8502.
    Johnson v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8509.
    Barreiro v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8510.
    Alford v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8522.
    Mason v. United States.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-8523.
    Rodriguez-Marrero v. United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-8539.
    Sanches Montes, aka Montes v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8543.
    Sawyers v. United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8546.
    Wellons, aka Thomas v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8555.
    Adamson v. United States District Court for the Northern District of Florida.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-8562.
    Samuel v. United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-8563.
    Sigala-Lomeli v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8571.
    Wood v. United States.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 04-8574.
    Ajaj v. Smith, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-889.
    Milwaukee Metropolitan Sewerage District v. Friends of Milwaukee’s Rivers et al.
   C. A. 7th Cir. Motion of Association of Metropolitan Sewerage Agencies et al. for leave to file a brief as amici curiae granted. Certiorari denied.


text:
    No. 04-8992 (04A761).
    Smith v. Anderson, Warden.
   C. A. 6th Cir. Application for stay of execution of sentence of death, presented to Justice Stevens, and by him referred to the Court, denied. Certiorari denied.


text:
    No. 03-1293.
    No. 03-1294.
    No. 03-9505.
    No. 04-384.
    No. 04-614.
    No. 04-767.
    No. 04-5911.
    No. 04-5990.
    No. 04-6228.
    Whitfield v. United States, Hall v. United States, Taylor v. United States, Sawyer v. Worcester et al., Kelly v. Orange County, California, Moore v. Tennessee Department of Children’s Services, Arevalo v. United States, Wayne v. Santa Clara Valley Transportation Authority, Vondette v. United States, Franks v. Georgia, Howard v. Perdue, Governor of Georgia, et al., Buggage v. Sheehan Pipeline Construction Co., Spidle v. Missouri, Bradley v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Ortiz-Rosas v. United States, Turner v. Virginia, Everett v. Pennsylvania et al., Santana-Martinez v. United States, Zhang v. Charles Town Races & Slots et al., In re Washington, In re Doose, Allen v. United States, Royal v. United States, Dore v. United States, Dawson v. United States, Jones v. United States,
   543 U. S. 209;

543 U. S. 209;

541 U. S. 1005;

543 U. S. 1001;

543 U. S. 1053;

543 U. S. 1056;

543 U. S. 913;

543 U. S. 1057;

543 U. S. 1108;

No. 04-6688.

No. 04-6703.

No. 04-6841.

No. 04-6854.

No. 04-6909.

No. 04-6950.

No. 04-7018.

No. 04-7044.

No. 04-7320.

No. 04-7327.

No. 04-7414.

No. 04-7432.

No. 04-7578.

No. 04-7651.

No. 04-7692.

No. 04-7721.

No. 04-7800.

543 U. S. 1058;

543 U. S. 1027;

543 U. S. 1060;

543 U. S. 1060;

543 U. S. 1062;

543 U. S. 1124;

543 U. S. 1064;

543 U. S. 1065;

543 U. S. 1073;

543 U. S. 1074;

543 U. S. 1119;

543 U. S. 1048;

543 U. S. 1079;

543 U. S. 1094;

543 U. S. 1095;

543 U. S. 1128; and

543 U. S. 1130. Petitions for rehearing denied.


text:
    No. 04-5300.
    McGee v. McDonald’s Restaurants of California, Inc., et al.,
   543 U. S. 892. Motion for leave to file petition for rehearing denied.


text:
    March 8, 2005
    No. 04-7613 (04A606).
    Hopper v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Certiorari denied.

Justice Stevens and Justice Ginsburg would grant the application for stay of execution.


text:
    March 10, 2005
    No. 04-8994 (04A769).
    Powell v. North Carolina.
   Sup. Ct. N. C. Application for stay of execution of sentence of death, presented to The Chief Justice, and by him referred to the Court, denied. Certiorari denied.


text:
    March 15, 2005
    No. 04-9131 (04A790).
    In re Hall.
   Application for stay of execution of sentence of death, presented to Justice Thomas, and by him referred to the Court, denied. Petition for writ of habeas corpus denied.


text:
    No. 04-9106 (04A787).
    Slaughter v. Oklahoma.
   Ct. Crim. App. Okla. Application for stay of execution of sentence of death, presented to Justice Breyer, and by him referred to the Court, denied. Certiorari denied.


text:
    March 17, 2005
    No. 04A801.
    Schindler et ux., Individually and as Next Friends of Schiavo v. Schiavo, as Guardian of Schiavo.
   Dist. Ct. App. Fla., 2d Dist. Application for stay of enforcement of judgment pending the filing and disposition of petition for writ of certiorari, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    March 18, 2005
    No. 04-1032.
    Blackwell v. Beacon Journal Publishing Co., Inc., et al.
   C. A. 6th Cir. Certiorari dismissed under this Court’s Rule 46.


text:
    No. 04A811.
    Committee on Government Reform of the House of Representatives v. Schiavo et al.
   Sup. Ct. Fla. Application for injunctive relief, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    No. 04-5928.
    Medellin v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. [Certiorari granted, 543 U. S. 1032.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted to be divided as follows: 30 minutes for petitioner; 20 minutes for respondent; and 10 minutes for the United States.


text:
    March 21, 2005
    No. 03-8987.
    Menteer v. United States.
   C. A. 8th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Shepard v. United States, ante, p. 13.


text:
    No. 04-1064.
    Fish v. United States.
   C. A. 7th Cir. Certio-rari granted, judgment vacated, and case remanded for further consideration in light of United States v. Booker, 543 U. S. 220 (2005).


text:
    No. 04-6848.
    No. 04-8295.
    No. 04-8479.
    No. 04-8490.
    No. 04-8492.
    No. 04-8495.
    No. 04-8507.
    No. 04-8526.
    Faris v. United States. Pruitt v. United States. Buffington v. United States. Coates v. United States. Perez v. United States. Breton-Pichardo v. United States. Marana v. United States. Williams v. United States. Berwick v. United States. Macias-Luna v. United States. Lizarraga-Orduno v. United States. Stokes v. United States. Satterfield v. United States. Cifuentes-Caycedo v. United States. Hanna v. United States. Gutierrez-Aguiniga v. United States. Weaks v. United States. Rice v. United States. McTizic, aka Metizic v. United States. Jackson v. United States. Montalvo-Nunez v. United States. Garcia Ramirez v. United States. Austin v. United States. Padilla, aka Paddilla v. United States. McCrimon v. United States. Carrillo-Banuelos v. United States. Giglio v. United States.
   C. A. 4th Cir. Reported below: 107 Fed. Appx. 308;

C. A. 5th Cir. Reported below: 119 Fed. Appx. 629;

C. A. 6th Cir.;

C. A. 4th Cir. Reported below: 113 Fed. Appx. 520;

C. A. 3d Cir. Reported below: 115 Fed. Appx. 586;

C. A. 4th Cir. Reported below: 114 Fed. Appx. 577;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 761;

C. A. 5th Cir. Reported below: 113 Fed. Appx. 620;

No. 04-8529.

No. 04-8537.

No. 04-8538.

No. 04-8541.

No. 04-8542.

No. 04-8550.

No. 04-8585.

No. 04-8589.

No. 04-8591.

No. 04-8599.

No. 04-8601.

No. 04-8604.

No. 04-8605.

No. 04-8619.

No. 04-8629.

No. 04-8631.

No. 04-8650.

No. 04-8652.

No. 04-8705.

C. A. 2d Cir. Reported below: 107 Fed. Appx. 253;

C. A. 5th Cir. Reported below: 115 Fed. Appx. 233;

C. A. 10th Cir. Reported below: 118 Fed. Appx. 439;

C. A. 1st Cir. Reported below: 388 F. 3d 21;

C. A. 4th Cir. Reported below: 114 Fed. Appx. 545;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 772;

C. A. 11th Cir. Reported below: 125 Fed. Appx. 270;

C. A. 10th Cir. Reported below: 101 Fed. Appx. 328;

C. A. D. C. Cir. Reported below: 388 F. 3d 913;

C. A. 4th Cir. Reported below: 85 Fed. Appx. 336;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 255;

C. A. 5th Cir. Reported below: 390 F. 3d 393;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 779;

C. A. 5th Cir. Reported below: 116 Fed. Appx. 480;

C. A. 5th Cir. Reported below: 111 Fed. Appx. 783;

C. A. 11th Cir. Reported below: 127 Fed. Appx. 471;

C. A. 11th Cir. Reported below: 125 Fed. Appx. 977;

C. A. 5th Cir. Reported below: 112 Fed. Appx. 989; and

C. A. 11th Cir. Reported below: 112 Fed. Appx. 1. Motions of petitioners for leave to proceed informa pauperis granted. Certiorari granted, judgments vacated, and cases remanded for further consideration in light of United States v. Booker, 543 U. S. 220 (2005).


text:
    No. 04-6889.
    Kennedy v. Texas Board of Pardons and Paroles et al.
   C. A. 5th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Wilkinson v. Dotson, ante, p. 74.


text:
    No. 04-7702.
    Gonzalez v. Justices of the Municipal Court of Boston et al.
   C. A. 1st Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Smith v. Massachusetts, 543 U. S. 462 (2005).


text:
    No. 04-8218.
    Reed v. Arizona et al.
   C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis denied, and certiorari dismissed. See this Court’s Rule 39.8.


text:
    No. D-2387.
    In re Disbarment of Ifill.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1045.]


text:
    No. D-2388.
    In re Disbarment of Culver.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1045.]


text:
    No. D-2391.
    In re Disbarment of Young.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1045.]


text:
    No. D-2392.
    In re Disbarment of Webber.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1045.]


text:
    No. D-2393.
    In re Disbarment of Frankel.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1045.]


text:
    No. D-2394.
    In re Disbarment of Goodman.
   Disbarment entered. [For earlier order herein, see 543 U. S. 1046.]


text:
    No. D-2418.
    In re George.
   Donald Elias George, of Akron, Ohio, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys permitted to the practice of law before this Court. The rule to show cause, issued on February 22, 2005 [543 U. S. 1142], is discharged.


text:
    No. 04M58.
    No. 04M59.
    Curto v. Roth et al.; and Brenda S. v. St. Vincent’s Services.
   Motions to direct the Clerk to file petitions for writs of certiorari out of time denied.


text:
    No. 04-7160.
    In re Bledsoe.
   Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [543 U. S. 1048] denied.


text:
    No. 04-7296.
    Ruiz Rivera v. Commissioner of Internal Revenue.
   C. A. 1st Cir. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [543 U. S. 1048] denied.


text:
    No. 04-7297.
    Ruiz Rivera v. KPMG Peat Marwick et al.
   C. A. 1st Cir. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [543 U. S. 1118] denied.


text:
    No. 04-7317.
    Carnohan v. Newcomb.
   Sup. Ct. Cal. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis [543 U. S. 1118] denied.


text:
    No. 04-8116.
    S. C. et vir v. R. Y. et ux.
   Sup. Ct. Miss. Motion of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until April 11,2005, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.


text:
    No. 04-1119.
    No. 04-8807.
    In re Borelli; and In re Wheeler.
   Petitions for writs of habeas corpus denied.


text:
    No. 04-38.
    Miller v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-544.
    Lewis, Warden, et al. v. Chia.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-559.
    Bayer AG et al. v. Paul.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-670.
    Aleru v. Gonzales, Attorney General.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-692.
    Chaney v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 04-716.
    Powers et al. v. Harris et al.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-763.
    No. 04-926.
    Baxter International Inc. et al. v. Asher et al.; and Brown et al. v. Baxter International Inc. et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-784.
    Allen et al. v. Corrections Corporation of America et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-788.
    Frye et al. v. Tarwater et al.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 04-793.
    Caught-On-Bleu, Inc. v. Anheuser-Busch, Inc.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-807.
    Seils et al. v. Rochester City School District et al.; Bliss v. Rochester City School District; Murphy v. Rochester City School District; and Coons v. Rochester City School District.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-816.
    Philip Morris Inc. v. Henley.
   Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 04-830.
    Federal Kemper Life Assurance Co. v. Berry, Individually and on Behalf of All Others Similarly Situated.
   Ct. App. N. M. Certiorari denied.


text:
    No. 04-833.
    Old Line Life Insurance Company of America v. Enfield, Individually and on Behalf of All Others Similarly Situated.
   Ct. App. N. M. Certiorari denied.


text:
    No. 04-855.
    Donohue et al. v. Hoey et al.
   C. A. 10th Cir.. Certiorari denied.


text:
    No. 04-896.
    DeSmyther v. Bouchard, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-912.
    Lauck v. Illinois.
   App. Ct. Ill., 5th Dist. Certiorari denied.


text:
    No. 04-917.
    Carr v. City of Cisco, Texas, et al.
   Ct. App. Tex., 11th Dist. Certiorari denied.


text:
    No. 04-918.
    Nader et al. v. Connor, Secretary of State of Texas.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-919.
    Peach v. Ultramar Diamond Shamrock et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-920.
    Silvas v. Remington Oil & Gas Corp.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-930.
    Nwoke v. Jones.
   App. Ct. Ill., 1st Dist. Certiorari denied.


text:
    No. 04-932.
    Mendonca v. Supreme Judicial Court of Massachusetts et al.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 04-933.
    Tingley et al. v. City of Grand Rapids, Michigan, et al.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-934.
    Adams v. Continental Airlines, Inc., et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-938.
    Millender v. Adams.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-941.
    Hurdle v. Board of Education of the City of New York et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-942.
    Joshi v. St. Luke’s Presbyterian-Episcopalian Hospital, Inc., et al.
   Ct. App. Mo. Certiorari denied.


text:
    No. 04-945.
    Bronco Wine Co. et al. v. Jolly, Director, California Department of Alcoholic Beverage Control, et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 04-950.
    City of Mobile, Alabama v. Horne et al.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 04-953.
    Wabeke v. Mulder et al.
   C. A. 6th Cir. Cer-tiorari denied.


text:
    No. 04-957.
    Boulanger v. Dunkin' Donuts Inc.
   Sup. Jud. Ct. Mass. Certiorari denied.


text:
    No. 04-962.
    Morris v. Texas.
   Ct. App. Tex., 8th Dist. Certiorari denied.


text:
    No. 04-963.
    Mobile Area Water and Sewer System, Board of Water and Sewer Commissioners of the City of Mobile, Alabama v. Horne et al.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 04-965.
    Grine et al. v. Coombs, Executor of the Estate of Coombs, Deceased, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-966.
    Bradshaw et al. v. Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 04-968.
    Charlotte County, Florida v. Armstrong.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-970.
    Rodriguez v. Ansett Australia, Ltd., et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-974.
    Springer v. Supreme Court of the United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 04-988.
    Griffin et al. v. Roupas et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-997.
    Chamberlain Group, Inc. v. Skylink Technologies, Inc.
   C. A. Fed. Cir. Certiorari denied.


text:
    No. 04-1006.
    Bakowski v. Kurimai et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-1022.
    Coburn et al. v. Circuit Court of Mississippi, Winston County.
   Sup. Ct. Miss. Certiorari denied.


text:
    No. 04-1026.
    Crisp et ux. v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-1027.
    DeArmond, Individually and as Administrator of the Estate of DeArmond, et al. v. Southwire Co.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-1030.
    Konan v. Virginia State Bar.
   Sup. Ct. Va. Certiorari denied.


text:
    No. 04-1035.
    Rubin v. Pringle, Chapter 7 Trustee.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-1083.
    Stirewalt v. United States.
   C. A. Armed Forces. Certiorari denied.


text:
    No. 04-1093.
    O’Hara v. United States.
   C. A. 7th Cir. Cer-tiorari denied.


text:
    No. 04-1111.
    Gabaldon v. United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 04-5077.
    Santos v. United States.
   C. A. 1st Cir. Cer-tiorari denied.


text:
    No. 04-5453.
    Salgado-Rodriguez v. United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-5858.
    Franklin v. United States.
   C. A. 11th Cir. Certiorari denied.


text:
    No. 04-6831.
    Meyer v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-7253.
    Kincade v. United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-7293.
    Puckett v. Mississippi.
   Sup. Ct. Miss. Cer-tiorari denied.


text:
    No. 04-7553.
    Johnson v. Carroll, Warden, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-8004.
    Sampson v. United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-8013.
    Hernandez v. Texas.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 04-8036.
    Chester v. Lamarque, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8038.
    Corey v. Reich et al.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 04-8040.
    Dorrough v. Sullivan, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 04-8043.
    Decker v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8046.
    Cadman v. Johansen, Judge, Seventh District Juvenile Court of Utah, et al.
   C. A. 10th Cir. Cer-tiorari denied.


text:
    No. 04-8047.
    Dockeray v. Price et al.
   C. A. 5th Cir. Cer-tiorari denied.


text:
    No. 04-8048.
    Epperson v. Delaware.
   Sup. Ct. Del. Cer-tiorari denied.


text:
    No. 04-8050.
    Levine v. New Jersey Department of Law & Public Safety et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-8053.
    Sides v. City of Champaign, Illinois.
   App. Ct. Ill., 4th Dist. Certiorari denied.


text:
    No. 04-8055.
    Walker v. Alabama.
   Ct. Crim. App. Ala. Certiorari denied.


text:
    No. 04-8063.
    Elder v. Texas.
   Ct. App. Tex., 2d Dist. Certiorari denied.


text:
    No. 04-8066.
    Sowell v. Bradshaw, Warden.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 04-8068.
    Negron v. Hendricks, Administrator, New Jersey State Prison, et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 04-8072.
    Johnson v. Cain, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 04-8076.
    Moxley v. Bennett, Superintendent, Elmira Correctional Facility.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 04-8079.
    Alexander v. Geier et al.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 04-8080.
    Bell v. Mississippi.
   Ct. App. Miss. Certiorari denied.


text:
    No. 04-8081.
    Bryant v. Florida.
   Dist. Ct. App. Fla., 3d Dist. Certiorari denied.


text:
    No. 04-8087.
    Mule’ v. Louisiana.
   Sup. Ct. La. Certiorari denied.


text:
    No. 04-8088.
    Moore v. Morris, Head of Operations, Atoka Highway & Maintenance, et al.
   C. A. 10th Cir. Certiorari denied.