Supreme Court of the United States, 2004

Justice Scalia, joined by Chief Justice Rehnquist and Justices O'Connor, Kennedy, Ginsburg, and Breyer, held that the complaint alleging Verizon's inadequate compliance with statutory network-sharing obligations failed to state a Sherman Act § 2 claim.

Justice Stevens concurs in part and dissents in part, agreeing that Indianapolis v. Edmond does not control this informational roadblock case. However, he finds the application of the Brown v. Texas test unclear and would remand to state courts for initial analysis.

Justice Stevens concurred in the judgment, arguing the respondent lacks antitrust standing under Clayton Act § 4 because its injury is derivative of AT&T’s, risking duplicative recoveries.

The Court held that a highway checkpoint established to seek public assistance in investigating a recent fatal hit-and-run did not violate the Fourth Amendment. The opinion distinguished Indianapolis v.

Justice O’Connor delivered the unanimous opinion of the Court, holding that an investment scheme promising a fixed rate of return can be an investment contract subject to the federal securities laws.