Job: 533BV$ Take: SPN1 12-17-02 11:10:29 The dashed line indicates the top edge of the book. ----------------------------------------------------------------------------------------------------------------- UNITED STATES REPORTS 533 OCT. TERM 2000 --------------------------------------------------------------------------------------------------- The dashed line indicates the bottom edge of the book. This camera copy was created for books with spines up to 31⁄4Љ wide. For smaller books, it must be centered on the spine and trimmed left and right as needed. 533BV$TITL 09-23-02 16:49:00 UNITED STATES REPORTS VOLUME 533 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 2000 June 11 Through September 25, 2001 Together With Opinion of Individual Justice in Chambers End of Term FRANK D. WAGNER reporter of decisions WASHINGTON : 2002 Printed on Uncoated Permanent Printing Paper For sale by the U. S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328 533BV$ Unit: $UII [10-31-02 06:46:52] PGT: FRT Errata 524 U. S. 115, n. 5: delete lines 11 and 12 and the words “taxation if it remains freely alienable’,” in line 13, and substitute: “this issue is outside the question presented in the petition for certiorari, see Pet. for Cert. i (question is whether land is ‘subject to state and local taxation if it remains freely alienable’),”. 532 U. S. 53, lines 23–24: “343 S. C. 342,” should be “343 S. C. 350,”. ii 533BV$ Unit: UIII [10-07-02 18:34:32] PGT: FRT JUSTICES of the SUPREME COURT during the time of these reports* WILLIAM H. REHNQUIST, Chief Justice. JOHN PAUL STEVENS, Associate Justice. SANDRA DAY O’CONNOR, Associate Justice. ANTONIN SCALIA, Associate Justice. ANTHONY M. KENNEDY, Associate Justice. DAVID H. SOUTER, Associate Justice. CLARENCE THOMAS, Associate Justice. RUTH BADER GINSBURG, Associate Justice. STEPHEN BREYER, Associate Justice. retired BYRON R. WHITE, Associate Justice. officers of the court JOHN D. ASHCROFT, Attorney General.1 BARBARA D. UNDERWOOD, Acting Solicitor General.2 THEODORE B. OLSON, Solicitor General.3 WILLIAM K. SUTER, Clerk. FRANK D. WAGNER, Reporter of Decisions. DALE E. BOSLEY, Marshal.4 PAMELA TALKIN, Marshal.5 SHELLEY L. DOWLING, Librarian. *For notes, see p. iv. iii 533BV$ Unit: $UIV [10-07-02 18:32:59] PGT: FRT NOTES 1 Attorney General John D. Ashcroft, was presented to the Court on June 18, 2001. See post, p. ix. 2 Acting Solicitor General Underwood resigned effective June 11, 2001. 3 The Honorable Theodore B. Olson, of the Commonwealth of Virginia, was nominated by President Bush on February 14, 2001, to be Solicitor General; the nomination was confirmed by the Senate on May 24, 2001; he was commissioned on May 31, 2001, and took the oath of office on June 11, 2001. He was presented to the Court on June 11, 2001. See post, p. vii. 4 Mr. Bosley retired as Marshal effective July 16, 2001. 5 Ms. Talkin was appointed Marshal effective July 16, 2001. iv 533BV$ Unit: $$UV [09-19-02 21:38:54] PGT: FRTBX Ⅵ SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective September 30, 1994, viz.: For the District of Columbia Circuit, William H. Rehnquist, Chief Justice. For the First Circuit, David H. Souter, Associate Justice. For the Second Circuit, Ruth Bader Ginsburg, Associate Justice. For the Third Circuit, David H. Souter, Associate Justice. For the Fourth Circuit, William H. Rehnquist, Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Clarence Thomas, Associate Justice. For the Ninth Circuit, Sandra Day O’Connor, Associate Justice. For the Tenth Circuit, Stephen Breyer, Associate Justice. For the Eleventh Circuit, Anthony M. Kennedy, Associate Justice. For the Federal Circuit, William H. Rehnquist, Chief Justice. September 30, 1994. (For next previous allotment, and modifications, see 502 U. S., p. vi, 509 U. S., p. v, and 512 U. S., p. v.) v 533BV$ Unit: UVII [09-23-02 16:47:16] PGT: FRT PRESENTATION OF THE SOLICITOR GENERAL Supreme Court of the United States MONDAY, JUNE 11, 2001 Present: Chief Justice Rehnquist, Justice Stevens, Justice O’Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: The Court at this time wishes to note for the record that Barbara D. Underwood has been serving as Acting Solicitor General since January last. The Court recognizes the con- siderable responsibility that has been placed on you, Ms. Un- derwood, to represent the government of the United States before this Court. On behalf of my colleagues, I thank you for a job well done and you have our sincere appreciation. The Court now recognizes you. The Acting Solicitor General said: Mr. Chief Justice, and may it please the Court. I have the honor to present to the Court the Solicitor General of the United States, the Honorable Theodore B. Olson, of Virginia. The Chief Justice said: Mr. Solicitor General, the Court welcomes you to the per- formance of the important office that you have assumed, to represent the government of the United States before this Court. You follow in the footsteps of other outstanding at- vii 533BV$ Unit: UVII [09-23-02 16:47:16] PGT: FRT viii PRESENTATION OF SOLICITOR GENERAL torneys who have held your new office. Your commission will be duly recorded by the Clerk. Solicitor General Olson said: Thank you, Mr. Chief Justice. 533BV$ Unit: $UIX [09-23-02 16:46:48] PGT: FRT PRESENTATION OF THE ATTORNEY GENERAL Supreme Court of the United States MONDAY, JUNE 18, 2001 Present: Chief Justice Rehnquist, Justice Stevens, Justice O’Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: The Court now recognizes the Solicitor General of the United States. Solicitor General Olson said: Mr. Chief Justice, and may it please the Court. I have the honor to present to the Court the seventy-ninth Attorney General of the United States, the Honorable John D. Ash- croft of Missouri. The Chief Justice said: General Ashcroft, on behalf of the Court, I welcome you as the chief law officer of the United States government and as an officer of this Court. We welcome you to the perform- ance of the very important duties that will rest upon you by virtue of your office. Your commission as Attorney General of the United States will be placed in the records of the Court, and we wish you well in your new office. Attorney General Ashcroft said: Thank you, Mr. Chief Justice. ix Job: 533REP Unit: $U12 [09-19-02 23:50:19] PGT: TCRBV (Bound Volume) TABLE OF CASES REPORTED Note: All undesignated references herein to the United States Code are to the 1994 edition. Cases reported before page 901 are those decided with opinions of the Court. Cases reported on page 901 et seq. are those in which orders were entered. The opinion reported on page 1301 et seq. is that written in chambers by an individual Justice. Page Abdul-Akbar v. McKelvie ............................... 953 Abdus-Sabir v. Knox .................................. 905 Abramajtys; Wogoman v. .............................. 955,971 Acker v. United States ................................. 913 Acklin v. Alabama .................................... 936 Acosta-Alvarez v. United States .......................... 911 Adams v. United States ............................... 961,971 Adarand Constructors, Inc. v. Mineta...................... 947 Adderly v. United States ............................... 910 Aetna U. S. Healthcare v. Lazorko ........................ 930 AFTRA Health and Retirement Funds; Moore v. ............. 950 Aguilar-Rodriguez v. United States ....................... 910 Aguilera v. United States ............................... 907 Ahmed v. Paradise Lakes Country Club .................... 916 Ahumada-Aguilar; United States v. ....................... 913 Alabama; Acklin v. .................................... 936 Alabama v. Bozeman .................................. 146 Alabama; Holladay v. .................................. 925 Alabama; Jackson v. ................................... 907 Alanez v. United States ................................ 911 Alaniz v. United States ................................. 911 Albertson’s, Inc.; Richardson v. .......................... 966 Alexander v. Mosley .................................. 953,973 Alexander v. United States ............................. 963 Allen; HCMF Corp. v. ................................. 916 Allen v. United States ................................. 932 Allison v. United States ............................ 916,964,970 Allstate Ins. Co.; DeTemple v. ........................... 912 Alonzo-Orozco v. United States .......................... 962 xi Job: 533REP Unit: $U12 [09-19-02 23:50:19] PGT: TCRBV (Bound Volume) xii TABLE OF CASES REPORTED Page Altadis U. S. A. Inc. v. Reilly............................ 525 Alvarado-Esparza v. United States ........................ 959 Alvarez-Gonzalez v. United States ........................ 963 Amaya-Fontes v. United States .......................... 959 American Civil Liberties Union; Ashcroft v. ................ 973 Anderson v. District of Columbia ......................... 906