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544 U.S. ____ (2005)

SUPREME COURT OF THE UNITED STATES

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No. 03—1039

JILL L. BROWN, WARDEN, PETITIONER v.
WILLIAM CHARLES PAYTON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT

[March 22, 2005]

Justice Scalia, with whom Justice Thomas joins, concurring.

I join the Court’s opinion, which correctly holds that the California Supreme Court’s decision was not “contrary to” or “an unreasonable application of” our cases. 28 U.S.C. § 2254(d)(1). Even if our review were not circumscribed by statute, I would adhere to my view that limiting a jury’s discretion to consider all mitigating evidence does not violate the Eighth Amendment. See Walton v. Arizona, 497 U.S. 639, 673 (1990) (Scalia, J., concurring in part and concurring in judgment).