1. 1 530 U.S.466 (2000).
2. 2 In effect, Justice Stevens transformed what had been dicta in
3. Jones v. United States, 526 U.S. 227 (1999)
4. into the holding. Justice Stevens' opinion was joined by Justices Scalia, Souter, Thomas, and Ginsburg. Justice Thomas concurred, joined in part by Justice Scalia, who wrote yet another opinion. Justice Thomas' concurrence suggested an even broader rule than that announced by Justice Stevens, what I describe below as the "impact" test. Separate opinions representing the four dissenting justices were written by Justices O'Connor and Breyer.
5. 3 122 S. Ct. 2406 (2002).