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Chief Justice William Rehnquist delivered the opinion of the Court, joined by Justices Sandra O'Connor, Antonin Scalia, Anthony Kennedy, and Clarence Thomas.
On December 28, 2007, with the terms of members Peter Kirsanow and Dennis Walsh set to expire on New Year's Eve, the four-member Board delegated all of its powers to the three-person panel of Chairwoman Liebman and members Kirsanow and Peter Schaumber.