Overton v. Bazzetta — Stevens, J., Concurring

Summary

Justice Stevens, joined by Justices Souter, Ginsburg, and Breyer, concurs with the Court’s judgment, reaffirming that prisoners retain constitutional protections such as due process and free speech, and that the Court’s decision aligns with established precedents. He emphasizes that the Court’s ruling does not revive the discredited view that inmates are merely slaves subject only to the Eighth Amendment. Justice Thomas filed a separate concurrence, arguing that the proper inquiry is whether a sentence extinguishes a right rather than whether the right survives incarceration, and that only the Eighth Amendment should govern the challenge.