51. In fact, the majority opinion is replete with statements indicating that the majority thought it was announcing a constitutional rule. 52. In fact, the majority opinion stopped short of granting Schlup the limited relief he was seeking from the court, a new hearing before the federal district court. 53. In the majority opinion Monday, Justice John Paul Stevens said the Constitution prohibited states from dividing their residents into classes and from discriminating among them. 54. In the majority opinion, Chief Justice William Rehnquist advanced the conservative argument that Congress must not usurp the authority of state and local governments. 55. It is unfortunate that the majority opinion rests solely on the procedural problem, never reaching the more profound constitutional defect. 56. Judge Grady Jolly wrote the majority opinion, which was joined by Judge Rhesa Barksdale. 57. Justice Anthony Kennedy wrote the majority opinion, joined by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer. 58. Justice Hugo Black wrote the majority opinion. 59. Justice John Paul Stevens wrote the majority opinion, which was joined by Justices Antonin Scalia, David H. Souter, Clarence Thomas, and Ruth Bader Ginsburg. 60. Judge Patricia Wald, a Carter administration appointee, took issue with the majority opinion in some key respects. |