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Today’s Opinions

The Court issued opinions today in the following two cases:

Nos. 02-1472 and 03-853, Cherokee Nation v. Levitt, unanimously reversing and remanding a case from the Tenth Circuit and affirming and remanding a case from the Federal Circuit, per Justice Breyer. Justice Scalia concurred in all but a legislative history passage. The Chief Justice did not participate.

No. 03-633, Roper v. Simmons, affirmed 5-4, in an opinion written by Justice Kennedy. Justice Stevens filed a concurrence, joined by Justice Ginsburg. Justice O’Connor dissented. Justice Scalia dissented, joined by the Chief Justice and Justice Thomas.