554 U. S. ____ (2008)

WALTER A. ROTHGERY, PETITIONER v. GILLESPIE
COUNTY, TEXAS

on writ of certiorari to the united states court of appeals for the fifth circuit

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Chief Justice Roberts, with whom Justice Scalia joins, concurring.

Justice Thomas’s analysis of the present issue is compelling, but I believe the result here is controlled by Brewer v. Williams, 430 U. S. 387 (1977) , and Michigan v. Jackson, 475 U. S. 625 (1986) . A sufficient case has not been made for revisiting those precedents, and accordingly I join the Court’s opinion.

I also join Justice Alito’s concurrence, which correctly distinguishes between the time the right to counsel attaches and the circumstances under which counsel must be provided.