Atkins v. United States

I agree with and join the majority of the court in holding that the plaintiffs are not entitled to judgment and the petitions must be dismissed. But I depart so widely in my reasons as to Count I that I think it better to set them forth separately. This I will do in summary form, since no one is joining me in this statement and nothing I say will be "the law.” I divide what follows into two parts, I Jurisdiction, and II Merits, Count I. As to Count II, I join in the court’s per curiam opinion.

I. Jurisdiction

There are two jurisdictional barriers the plaintiffs must surmount. The first is…