Syllabus | Opinion [ OConnor ] | Concurrence [ Stevens ] | Dissent [ Breyer ] | Dissent [ Ginsburg ] |
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BRIAN SCHAFFER, a minor, by his parents and
next
friends, JOCELYN and MARTIN SCHAFFER,
et al.,
PETITIONERS v. JERRY WEAST,
SUPERINTEN-
DENT, MONTGOMERY COUNTY PUBLIC
SCHOOLS,
et al.
ON WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF
APPEALS FOR THE FOURTH CIRCUIT
[November 14, 2005]
Justice Stevens, concurring.
It is common ground that no single
principle or rule solves all cases by setting forth a general
test for ascertaining the incidence of proof burdens when both
a statute and its legislative history are silent on the
question. See Alaska Dept. of Environmental
Conservation v. EPA, 540 U.S. 461, 494, n.
17 (2004); see also ante, at 7; post, at 12
(Ginsburg, J., dissenting). Accordingly, I do not understand
the majority to disagree with the proposition that a court,
taking into account