Two Supreme Court justices separately denied Clarett's requests to overturn a stay by a lower court that barred them and other underclassmen from the draft.
Although the Supreme Court decided the case on narrow grounds — citing that the police had to trespass on the suspect's property when installing the device — five of the nine justices separately called into question whether the 1979 precedent was valid in an era of modern technology.
The inspector general of the Australian defence force reviews and audits the military justice system separately from the ordinary chain of command and examines allegations of injustice.
Justice Kennedy, writing separately, said that Justice Powell's opinion in the Bakke case "states the correct rule for resolving this case," but that the court had not applied the "meaningful strict scrutiny" under which the program should have been found unconstitutional.
Justice John Paul Stevens concurred separately.
Justice Breyer dissented separately.
Justice Breyer, concurring separately, did not sign the Rehnquist opinion.
In the previous nine, Justice Stevens wrote separately and only for himself three times.
Justice Clarence Thomas concurred separately, suggesting that the court not foreclose the prospect of upholding a more narrowly drawn law.
Justice Thomas concurred separately, saying the majority had interpreted the Necessary and Proper Clause of the Constitution too expansively.
