509BV$SPIN 03-16-97 17:07:24 UNITED STATES REPORTS 509 OCT. TERM 1992 509BV$titl 03-16-97 17:10:57 UNITED STATES REPORTS VOLUME 509 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1992 June 18 Through October 1, 1993 Together With Opinion of Individual Justice in Chambers End of Term FRANK D. WAGNER reporter of decisions WASHINGTON : 1997 Printed on Uncoated Permanent Printing Paper For sale by the U. S. Government Printing Of®ce Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328 509bv$erat 04-30-97 08:00:39 PGT · frt Errata 183 U. S. 589, line 4: ª1802º should be ª1902º. 199 U. S. 119, line 16: ª1895º should be ª1905º. ii 509bv$$iii 03-16-97 18:31:13 PGT · frt JUSTICES of the SUPREME COURT during the time of these reports* WILLIAM H. REHNQUIST, Chief Justice. BYRON R. WHITE, Associate Justice.2 HARRY A. BLACKMUN, Associate Justice. JOHN PAUL STEVENS, Associate Justice. SANDRA DAY O’CONNOR, Associate Justice. ANTONIN SCALIA, Associate Justice. ANTHONY M. KENNEDY, Associate Justice. DAVID H. SOUTER, Associate Justice. CLARENCE THOMAS, Associate Justice. RUTH BADER GINSBURG, Associate Justice.3 retired WARREN E. BURGER, Chief Justice. LEWIS F. POWELL, Jr., Associate Justice. WILLIAM J. BRENNAN, Jr., Associate Justice. officers of the court JANET RENO, Attorney General. DREW S. DAYS III, Solicitor General.1 WILLIAM K. SUTER, Clerk. FRANK D. WAGNER, Reporter of Decisions. ALFRED WONG, Marshal. SHELLEY L. DOWLING, Librarian. *For notes, see p. iv. iii 509bv$$$iv 03-21-97 17:08:40 PGT · frt NOTES 1 Solicitor General Drew S. Days III, was presented to the Court on June 21, 1993. See post, p. vii. 2 Justice White announced his retirement on March 19, 1993, effective ªat the time the Court next rises for its summer recess.º See post, p. ix. 3 The Honorable Ruth Bader Ginsburg, of New York, formerly a Judge of the United States Court of Appeals for the District of Columbia Circuit, was nominated by President Clinton on June 14, 1993, to be an Associate Justice of this Court; the nomination was con®rmed by the Senate on Au- gust 3, 1993; she was commissioned on August 5, 1993; and she took the oaths and her seat on August 10, 1993. She was presented to the Court on October 1, 1993. See post, p. xiii. iv 509bv$$$$v 03-16-97 18:31:49 PGT · frt SUPREME COURT OF THE UNITED STATES Allotment of Justices It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, effective November 1, 1991, viz.: For the District of Columbia Circuit, William H. Rehnquist, Chief Justice. For the First Circuit, David H. Souter, Associate Justice. For the Second Circuit, Clarence Thomas, Associate Justice. For the Third Circuit, David H. Souter, Associate Justice. For the Fourth Circuit, William H. Rehnquist, Chief Justice. For the Fifth Circuit, Antonin Scalia, Associate Justice. For the Sixth Circuit, John Paul Stevens, Associate Justice. For the Seventh Circuit, John Paul Stevens, Associate Justice. For the Eighth Circuit, Harry A. Blackmun, Associate Justice. For the Ninth Circuit, Sandra Day O’Connor, Associate Justice. For the Tenth Circuit, Byron R. White, Associate Justice.* For the Eleventh Circuit, Anthony M. Kennedy, Associate Justice. For the Federal Circuit, William H. Rehnquist, Chief Justice. November 1, 1991. (For next previous allotment, and modi®cations, see 498 U. S., p. vi, and 501 U. S., p. v.) *For order of June 28, 1993, assigning Justice Thomas to the Tenth Circuit, see post, p. 934. v 509bv$$$vi 03-16-97 18:32:04 PGT · frt 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 October 1, 1993, 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, Clarence Thomas, 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, Harry A. Blackmun, Associate Justice. For the Ninth Circuit, Sandra Day O’Connor, Associate Justice. For the Tenth Circuit, Ruth Bader Ginsburg, Associate Justice. For the Eleventh Circuit, Anthony M. Kennedy, Associate Justice. For the Federal Circuit, William H. Rehnquist, Chief Justice. October 1, 1993. (For next previous allotment, and modi®cations, see 502 U. S., p. vi, and ante, p. v.) vi 509bv$$vii 03-16-97 18:32:18 PGT · frt PRESENTATION OF THE SOLICITOR GENERAL Supreme Court of the United States MONDAY, JUNE 21, 1993 Present: Chief Justice Rehnquist, Justice White, Justice Blackmun, Justice Stevens, Justice O’Connor, Justice Scalia, Justice Kennedy, Justice Souter, and Justice Thomas. The Chief Justice said: The Court at this time wishes to note for the record that William C. Bryson has been serving as Acting Solicitor Gen- eral since January past. The Court recognizes the consider- able responsibility that has been placed upon you, Mr. Bry- son, to represent the government of the United States before this Court. On behalf of my colleagues, I thank you for a job well done and you have our sincere appreciation. The Court now recognizes the Attorney General, General Reno. Attorney General Reno said: Mr. Chief Justice and may it please the Court, I have the honor to present to the Court the Solicitor General of the United States, The Honorable Drew S. Days, III, of Connecticut. The Chief Justice said: Mr. Solicitor General, the Court welcomes you to the per- formance of the important of®ce that you have assumed, to represent the government of the United States before this vii 509bv$$vii 03-16-97 18:32:18 PGT · frt viii PRESENTATION OF SOLICITOR GENERAL Court. You follow in the footsteps of other outstanding at- torneys who have held your new of®ce. Your commission will be duly recorded by the Clerk. Solicitor General Days said: Thank you, Mr. Chief Justice. 509bv$$$ix 03-16-97 18:32:34 PGT · frt RETIREMENT OF JUSTICE WHITE Supreme Court of the United States MONDAY, JUNE 28, 1993 Present: Chief Justice Rehnquist, Justice White, Justice Blackmun, Justice Stevens, Justice O’Connor, Justice Scalia, Justice Kennedy, Justice Souter, and Justice Thomas. The Chief Justice said: As most of you know, our esteeemed colleague, Justice White, is retiring from this bench and his colleagues have sent him this letter on this occasion which I will now read. Supreme Court of the United States, Chambers of The Chief Justice, Washington, D. C., June 23, 1993. Dear Byron: Your decision to retire from the Court has brought to each of us a profound sense of sadness. You came here more than thirty-one years ago, and have played a pivotal part in the deliberations and decisions of this institution with three dif- ferent Chief Justices during the administration of eight dif- ferent Presidents. You brought to the Court a reputation for excellence in many ®eldsÐscholar-athlete, combat intelligence of®cer in the South Paci®c during World War II, successful private lawyer, Deputy Attorney General. Your long service here has greatly enhanced that reputation, as you have exhibited ix 509bv$$$ix 03-16-97 18:32:34 PGT · frt x RETIREMENT OF JUSTICE WHITE a ®rm resolve not to be classi®ed in any one doctrinal pigeon- hole. The important opinions which you have authored for the Court in virtually every ®eld of law with which we deal will remain as a testament to your years of service here. Every cloud, they say, has a silver lining; for us the silver lining to your retirement is that you leave in good health, and plan to remain here in the Washington area, at least for the time being. You will be missed at our Conferences, but we will continue to enjoy your friendship which means so much to each of us. Affectionately, William H. Rehnquist Harry A. Blackmun John Paul Stevens Sandra Day O’Connor Antonin Scalia Anthony M. Kennedy David H. Souter Clarence Thomas Justice White replied as follows: Supreme Court of the United States Chambers of Justice Byron R. White (Retired), Washington, D. C., June 28, 1993. Dear Colleagues, I am grateful for your very generous letter on the occasion of my retirement, which is now upon me. There is no doubt that I shall miss the Court very much, primarily because I shall no longer have the pleasure and excitement of working in a small group of nine Justices, all of whom day after day and year after year are together dealing with the same is- sues and cases in an attempt to arrive at satisfactory deci- sions. I have sat with 20 Justices in my time here and have had great respect for the ability and integrity of each of them. I have treasured their friendship. Of course, Jus- 509bv$$$ix 03-16-97 18:32:34 PGT · frt RETIREMENT OF JUSTICE WHITE xi tices differ with one another on all sorts of issues, but we have not held grudges and have gotten along remarkably well. That is how it should be.