Record returned to Attorney William A. Nelson.

Record returned to Supreme Court of Vermont.

MANDATE ISSUED.

Judgment REVERSED and case REMANDED Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Souter, Thomas, and Alito, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined. (orders list)

Argued. For petitioner: Christina Rainville, Chief Deputy State's Attorney, Bennington, Vt.; and Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: Will

Argued. For petitioner: Christina Rainville, Chief Deputy State's Attorney, Bennington, Vt.; and Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: ...

Letter from counsel for the respondent opposing petitioner's lodging request.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Letter from counsel for the petitioner seeking permission to lodge copies of related non-record material.

Reply of petitioner Vermont filed. (Distributed)

Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)

Brief amici curiae of Retired State Court Justices filed. (Distributed)

Brief of respondent Michael Brillon filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Record received from the Supreme Court of Vermont (1 box)

CIRCULATED.

Brief amici curiae of National Governors Association, et al. filed. (Distributed)

Brief amicus curiae of United States filed.

Brief amici curiae of Vermont Network Against Domestic and Sexual Violence, et al. filed.

Joint appendix filed. Statement of costs received.

Brief of petitioner Vermont filed.

Brief amici curiae of Utah, et al. filed.

SET FOR ARGUMENT ON Tuesday, January 13, 2009.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Brief of respondent Michael Brillon in opposition filed.

Motion for leave to proceed in forma pauperis filed by respondent Michael Brillon.

Petition for a writ of certiorari filed. (Response due August 18, 2008)

Vermont, Petitioner, represented by Christina Elaine Rainville

Michael Brillon, Respondent, represented by William A. Nelson

American Civil Liberties Union, et al., Amicus Curiae, represented by Anthony J. Franze

National Governors Association, et al., Amicus Curiae, represented by Richard Ruda

Retired State Court Justices, Amicus Curiae, represented by Samuel Spital

United States, Amicus Curiae, represented by Edwin S. Kneedler

Utah, et al., Amicus Curiae, represented by J. Frederic Voros Jr.

Vermont Network Against Domestic and Sexual Violence, et al., Amicus Curiae, represented by Cheryl Hanna