Opinion
No. 97-501
Argued April 21, 1998 Decided May 4, 1998
Kenneth N. Flaxman argued the cause and filed briefs for petitioner.
David A. Strauss argued the cause for respondent. With him on the brief was Jeffrey Edward Kehl.
Patricia A. Millett argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were Solicitor General Waxman, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and William C. Brown.
Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Susan N. Herman, Steven R. Shapiro, Harvey Grossman, and Stephen J. Schulhofer; for Americans for Effective Law Enforcement, Inc., by Wayne W. Schmidt, James P. Manak, and Bernard J. Farber; and for the Institute for Justice by William H. Mellor, Clint Bolick, and Scott G. Bullock.
Richard Ruda and James I. Crowley filed a brief for the National League of Cities et al. as amici curiae urging affirmance.
William J. Mertens and Barbara Bergman filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae.
The writ of certiorari is dismissed as improvidently granted.