Overton v. Bazzetta — Thomas, J., Concurring

Summary

Justice Thomas concurred in the judgment because he believed the challenged regulations should be sustained on different grounds from those offered by the majority. He proposed asking whether a prisoner's lawful sentence took away a right enjoyed by free persons rather than whether the right survives incarceration. He argued that incarceration inherently extinguishes certain rights and that visitation restrictions are not punishment under the Eighth Amendment. Justice Stevens concurred in the judgment but emphasized the principle that federal courts must protect valid constitutional claims of prison inmates.