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Republican-controlled legislatures are increasingly trying to strip Democratic governors of their executive authority to close businesses and schools, a power grab by lawmakers that channels frustration over the economic toll of the coronavirus pandemic but could come with long-term consequences for how their states fight disease. The efforts to undermine Democratic governors who invoked stay-at-home orders are most pronounced in states such as Wisconsin, Michigan and Pennsylvania, all three of which have divided government and are key to President Donald Trump's path to reelection. Democratic governors there face lawsuits, legislation and other moves by Republicans trying to seize control of the response to the virus.

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Mother's Day will bring Arctic blasts, wintry conditions and records low temperatures for two-thirds of the US. Meanwhile, a heat wave will hit Alaska

Airport temperature screenings mark latest discord between Trump administration and CDC over federal coronavirus response and science of public health

Clashes erupt after people complain about a perceived failure to help the poor during the pandemic.

An independent review last year found that Dr. Richard Strauss had abused at least 177 male students during his tenure at Ohio State University.

This is a piece of artwork on four wheels.

The world is nearing 4 million cases of the coronavirus. More COVID-19 news Saturday.

Like every May 9, Gennadiy Matveyev observed a tradition this Friday at his little dacha near Moscow: he and his wife Galina raised the Russian flag to remember the victory over Nazi Germany in 1945. Matveyev's personal flag-raising tradition started two decades ago on his patch of land in the countryside, where the couple grows tulips and hyacinths. It continued year after year, the banner soaring six metres in the air only on May 9th, though he changed the red Soviet flag to the Russian tricolour fifteen years ago.

Collectively, the five companies singled out by a House committee took $50 million in small business loans through the Paycheck Protection Program.

Tesla CEO Elon Musk said Saturday the company will file a lawsuit against Alameda County and threatened to move its headquarters and future programs to Texas or Nevada immediately, escalating a fight between the company and health officials over whether its factory in Fremont can reopen. Tesla had planned to bring back about 30% of its factory workers Friday as part of its reopening plan, defying Alameda County's stay-at-home order. TechCrunch has reached out to Elon Musk directly.

(Bloomberg) -- New York reported the fewest new coronavirus cases in seven weeks. The first antigen test won U.S. approval for emergency use. The federal government reversed course and will let states distribute remdesivir to hospitals.Italy had the fewest cases in four days. Germany and Spain are ready to lift some restrictions. Russia’s largest gold mine in Siberia has 89 sick workers as the nation registered more than 10,000 infections for a seventh day.The head of the U.S. Food and Drug Administration is in a two-week quarantine after coming into contact with an infected person.Key Developments:Virus Tracker: cases pass 3.9 million; deaths exceed 276,000Half-empty bar feels like a win after Georgia reopensBrazil is new virus hotspot as infections triple in two weeksMass shootings in the U.S. have plungedLessons from Ebola prepared Africa for coronavirusAuto industry to raise $100 billion from banks for virus reliefSubscribe to a daily update on the virus from Bloomberg’s Prognosis team here. Click VRUS on the terminal for news and data on the coronavirus. See this week’s top stories from QuickTake here.Musk: Tesla to Quit California (1 p.m. NY)Elon Musk said on Twitter he is moving Tesla’s headquarters and future programs to Texas and Nevada “immediately” after a California county blocked plans to open an assembly plant shut during the pandemic.He had earlier tweeted he was suing Alameda County for “acting contrary to the Governor, the President, our Constitutional freedoms & just plain common sense!” The county on Friday said Tesla’s sole U.S. plant in Fremont, California, didn’t meet the criteria to reopen. Musk told staff he aimed to restart the factory Friday.Canada Gets China Medical Gear (12:50 p.m. NY)Canada is securing large amounts of personal protective equipment on daily flights of goods from China and elsewhere, Prime Minister Justin Trudeau said.So far, about 23 flights from China have brought millions of PPE items. In order to gradually restart the economy, Canada needs enough equipment to ensure people can work in safe environments, he said. Equipment arriving from other countries will be tested before being sent out to front-line workers.Africa Seeks Debt Relief, Stimulus (12:40 p.m. NY)African nations needs a two-year debt standstill to give governments the fiscal space to fight the pandemic, South African President Cyril Ramaphosa said.A $100 billion injection of emergency economic stimulus is also required to combat the impact of the disease and almost half of that could come from waiving interest payments, according to the United Nations Economic Commission for Africa.African finance ministers are discussing debt-relief proposals, including a special-purpose vehicle to exchange their sovereign debt for new concessional paper to avoid having to use funds needed to battle the virus to pay private creditors.Italy Has Fewest Cases Since May 5 (12:20 p.m. NY)Italy registered 1,083 new cases on Saturday -- the fewest since May 5 -- compared with 1,327 a day earlier. Confirmed cases now total 218,268. Daily fatalities fell to 194 from 243 on Friday, with a total of 30,395.With the government cautious on easing measures after an initial relaxation on Monday, an Ipsos survey published in newspaper Corriere della Sera on Saturday showed 58% of Italians want all economic sectors to restart as soon as possible.N.Y. Has Fewest Cases in 7 Weeks (11:50 a.m. NY)New York reported 572 new infections on Saturday, the fewest since late March, which Governor Andrew Cuomo called “welcome news.” The state reported 2,938 infections on Friday.New deaths were 226, the same as five days ago and an increase from 216 reported on Friday. The rate of hospitalizations fell again.FDA Chief in Self-Quarantine (11:45 a.m. NY&)Food and Drug Administration Commissioner Stephen Hahn has quarantined himself after coming into contact with someone who tested positive. Hahn, a member of the White House virus task force, notified staff of his decision in a note Friday, according to an emailed statement from the agency.“Per CDC guidelines, he is now in self-quarantine for the next two weeks,” the FDA said. “He immediately took a diagnostic test and tested negative.”The FDA didn’t identify the infected person, but Hahn’s Covid-19 exposure comes as several aides working in the White House have the virus. Vice President Mike Pence’s press secretary, Katie Miller, tested positive Friday, a day after a positive test was reported for a member of the military who works as a valet to President Donald Trump.U.K. Urges Cycling, Walking (11:30 a.m. NY)The U.K., the European country hardest hit by the outbreak, plans to spend 2 billion pounds ($2.5 billion) to encourage people to cycle and walk to work and help relieve pressure on transport systems.Prime Minister Boris Johnson has said that the U.K. has passed the peak of the outbreak, and limiting travel on public transit will help curb the risk of a second wave of infections, said Transport Secretary Grant Shapps. The government will also spend more on electric-car charging points and extend trials of e-scooters and permit their rentals.Daily deaths rose by 346, Shapps said Saturday, down from 626 on Friday and the lowest since May 4. Total deaths reached 31,587, surpassed only by the U.S., with total infections at 215,260.U.S. Can’t Wait for End of Outbreak: Carson (11:25 a.m. NY)America’s economic infrastructure could be destroyed if the nation waits too long to reopen closed businesses, said White House coronavirus task force member Ben Carson, who also is secretary of Housing and Urban Development.The nation has to learn to live with the coronavirus before it can be eradicated, Carson said on Fox News. “If we wait until it’s all gone before we come out, our economy will be gone also.”Carson, who also heads the president’s revitalization council, stressed that it’s possible to resume activity, guided by “data and evidence” from regions that reopened first.Collapse of Travel Demand Scuttles Deal (10:50 a.m. NY)Carlyle Group Inc. and Singapore sovereign-wealth fund GIC Pte. Ltd. are backing out of a deal to buy a stake in American Express Global Business Travel, hit hard by the pandemic. The parties were in talks on terms of the deal, which was set to close this week, but couldn’t reach an agreement, people familiar with the matter said. The deal valued the American Express Co. unit at $5 billion with debt.U.S. Ships Gilead’s Drug to States (10:40 a.m. NY)The U.S. is sending Gilead Sciences Inc.’s remdesivir to Connecticut, Illinois, Iowa, Maryland, Michigan and New Jersey after doctors raised questions about the federal allocation of the drug to treat Covid-19 patients.State health agencies -- rather than the federal government -- will distribute doses to the hospitals, the Department of Health and Human Services said Saturday. Illinois and New Jersey each get more than 100 cases, with the other states receiving from 10 to 40 cases. Each case has 40 vials.After remdesivir won U.S. approval for emergency use, the federal government said it would decide which hospitals got the drug. Doctors then raised questions about the opaque process for getting the therapy to U.S. hospitals.FDA Clears Antigen Test (9:39 a.m. NY)The FDA issued the first emergency use authorization for a Covid-19 antigen test. The diagnostic tests quickly detect fragments of proteins found on or within the virus by testing samples collected from the nasal cavity using swabs, Quidel Corp. said in a statement that linked to a letter from the FDA. The authorization was issued late Friday for its Sofia 2 SARS Antigen FIA.Belarus Holds Military Parade, Russia Cancels (9:30 a.m. NY)Alexander Lukashenko, the authoritarian president of Belarus, defied warnings about the risks of letting the coronavirus spread by holding a military parade marking victory in World War II.Amid an average of about 800 new infections a day, Lukashenko summoned troops to the capital, Minsk, for the parade. Neighboring states including Russia changed their plans as gatherings of thousands of spectators will inevitably spread the disease.Portugal Cases Moderate (9:12 a.m. NY)Portugal reported the smallest increase in new confirmed cases in six days and the number of patients in intensive care units fell for a third day. There were 138 new cases in a day, taking the total to 27,406, the government said. The total number of deaths rose by 12 to 1,126.Information is “encouraging” after the country allowed some small stores to reopen on Monday, Health Minister Marta Temido said at a press conference on Saturday.Germany Plans Stimulus for Arts, Cities (7:30 a.m. NY)Germany will broaden its economic aid, the Tagesspiegel newspaper cited Finance Minister Olaf Scholz as saying in an interview.“The arts and culture need their own stimulus program, we want to massively help people here,” Scholz said. “We also have to do something for hotels and restaurants, which are severely weakened. Thirdly, the municipalities also need massive support.”Germany will also have to pursue an “incredible modernization push” in order to maintain and expand its wealth without using fossil fuels, the newspaper cited Scholz as saying.Saudi Arabia Relaxes Some Restrictions (7:12 a.m. NY)Saudi Arabia is relaxing restrictions on six neighborhoods in Medina, state-run Saudi Press Agency reported on Saturday, citing an official at the Ministry of Interior. Movement will be unrestricted from 9 a.m. until 5 p.m.The Saudi government has reported 35,432 cases including 229 fatalities. It has imposed a 24-hour lockdown and said it will fine and jail those who violate the rules. The kingdom has eased restrictions on some areas in recent weeks.Russia’s Biggest Gold Mine Has 89 Cases (6:53 a.m. NY)Almost 90 workers at Russia’s largest gold mine, operated by Polyus PJSC, have contracted the coronavirus, the state-run Tass news service reported, citing the public health agency.The Olimpiada mine in the Siberian province of Krasnoyarsk recorded 82 new cases of the deadly virus in the past day, Tass cited the press service of the regional branch of Rospotrebnadzor as saying.Earlier, Russia said its number of new infections rose by 10,817 to 198,676, the seventh straight day cases have risen by more than 10,000.Spain Continues Unwinding (5:50 p.m. HK)Spain reported 179 coronavirus deaths in the past 24 hours, according to health ministry data. The country reported 604 new daily cases as the total number rose to 223,578.As of Monday, 51% of the Spanish population will move to the so-called phase 1 as limitations are relaxed across wide swathes of the country. A major exception is the Madrid region, the epicenter of Spain’s coronavirus outbreak.Under phase 1, shops of a size of less than 400 square meters will be able to open with restrictions while bars and restaurants will be able to operate “terraces” but with only 50% of their previously authorized number of tables, according to a government order published in the official gazette. Hotels can open but their public areas will stay closed.Indonesia Reports Most Cases in a Day (5:44 p.m. HK)Indonesia reported an increase in new cases, with the death toll nearing 1,000 as the world’s fourth-most populous nation struggles to contain the spread of the virus.Tests confirmed 533 new infections in the past 24 hours, taking the total to 13,645, Achmad Yurianto, a spokesman for the government task force on Covid-19, said at an online briefing on Saturday. Sixteen patients succumbed to the virus, taking the overall number of fatalities to 959, the third highest in Asia after China and India, according to data from Johns Hopkins University.Faroe Islands Free of Virus (5:30 p.m. HK)The Faroe Islands is now free of the coronavirus after all its 187 confirmed cases were declared to be healthy, the North Atlantic archipelago said on Saturday.The country, which has 52,000 inhabitants and is part of the Kingdom of Denmark, hasn’t registered any deaths from the virus. Denmark’s toll stands at 522 fatalities from more than 10,400 cases.Belgian Daily Tests Exceed 25,000 (5:26 p.m. HK)Belgium reported 585 new coronavirus infections in the past 24 hours, down from 591 the prior day. The country carried out 25,410 tests, the most for a single day since the start of the outbreak and in line with its stated daily capacity of 25,000.Additional fatalities of 76 compare with 107 the prior day. The seven-day average of reported deaths, the measurement favored by Belgian virologists, declined by 4% to 5% a day in the past week. The total death toll in the country of 11.4 million now stands at 8,581.Seoul Nightclubs Linked to Spike (4:19 p.m. HK)A potential second wave of infections could be possible in South Korea after confirmed cases suddenly increased following a lull, with a surge tied to nightclubs in Seoul.The total number of cases linked to nightclubs in the Itaewon neighborhood visited by a 29-year-old patient earlier this month increased to 40 as of noon Saturday, the city’s Mayor Park Won-soon said in a briefing. Park ordered the closing of all nightclubs, discos, hostess bars and other similar nightlife establishments in the capital.Virus Cases Decline Across Several Parts of Asia (3:30 p.m. HK)Virus cases declined in several Asian economies on Saturday, with Hong Kong and Taiwan reporting zero. Countries including China and Thailand reported fewer than 10 new infections, with Australia adding 16.Singapore, one of the last countries in the region to close schools and implement strict containment measures, confirmed 753 new cases on Saturday, down from 768 tallied by Johns Hopkins University Friday. The vast majority are migrant workers living in crowded dormitories.For more articles like this, please visit us at bloomberg.comSubscribe now to stay ahead with the most trusted business news source.©2020 Bloomberg L.P.

(United States First Circuit) - In a joint appeal from a judgment of the district court arising from the criminal prosecution of defendants for tax evasion and related charges and involving allegations of defendants' use of charitable donations to finance an Islamic jihadist group, convictions and sentencing are reversed with respect to the court's overturn of the jury's conviction on the conspiracy counts, and affirmed with respect to all other convictions.

(California Court of Appeal) - In a trespass suit brought by a grocery store against a church soliciting donations in front of the store, summary judgment in favor of the store is affirmed, where: 1) the church's solicitation was not protected by In re Lane (1969) 71 Cal.2d 872, because there was no relation between the church's expressive activities and the store's location; and 2) the church did not contend or present evidence to establish that the store or the sidewalk in front was a public forum within the meaning of Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899.

(United States Ninth Circuit) - In a suit brought by non-citizen religious workers and their employers challenging a Justice Department regulation governing the process by which religious workers can apply for adjustment of status pursuant to 18 U.S.C. section 1255(a), judgment of the district court is affirmed where: 1) the regulation does not impose a substantial burden on plaintiffs' exercise of religion and therefore does not violate the Religious Freedom Restoration Act; 2) the regulation does not violate Equal Protection principles because it does not target any religious group, but rather, the regulation affects all members of the fourth-preference visa category who have been admitted on employment-based visas; and 3) there is no violation of plaintiffs' due process rights because the regulation does not bar religious workers from applying for adjustment of status.

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit theater corporation, filed applications for real property tax exemptions with respondent assessor and was denied. Petitioner then commenced this RPTL article 7 proceeding for review of its tax assessments. Order of the Appellate Division granting the petition is affirmed, where: 1) the statute does not elevate one exempt purpose over another, and under the circumstances, the use of property to provide staff housing is reasonable incidental to petitioner's primary purpose of encouraging appreciation of the arts through theater; and 2) petitioner has demonstrated that it is entitled to an RPTL 420-a tax exemption.

(United States Fourth Circuit) - In an action seeking attorneys fees under 26 U.S.C. section 7431(c)(3), following a settlement between the IRS and plaintiff over the disclosure of an unredacted version of plaintiff's donor list, filed as part of plaintiff's required IRS Form 990, the district court's denial of plaintiff's motion for attorneys fees is affirmed where the government's litigation position regarding actual damages was substantially justified under 26 U.S.C. section 7430 (c)(4)(B).

(United States Second Circuit) - In an antitrust action, alleging that Time Warner's requiring consumers to lease cable boxes in order to receive a package of television channels violates the Sherman Act, 15 U.S.C., section 1, the district court's dismissal is affirmed where plaintiff's third amended complaint fails to: 1) plausibly allege that the cable boxes are a separate product from the premium cable channels; and 2) plausibly allege defendant's market power in the particular product and geographic markets defined in the complaint.

(United States Second Circuit) - In a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.

(United States Second Circuit) - In an amended opinion involving a copyright infringement action brought by record companies and music publishers against internet music services that allowed users to search for free music, dealing with the requirement of the Digital Millennium Copyright Act (DMCA) safe harbor that an internet service provider adopt and reasonably implement a policy to terminate repeat infringers, under 17 U.S.C. section 512, the District Court's grant of partial summary judgment in favor of defendants and decision overturning a jury verdict in favor of plaintiffs is: 1) vacated as to partial summary judgment to the defendants based on the conclusion that defendant qualified for safe harbor protection under the DMCA because the District Court applied too narrow a definition of 'repeat infringer'; 2) reversed as to judgment as a matter of law to the defendants on claims that defendant permitted infringement of plaintiffs' copyrights in pre‐2007 MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to conclude that defendant had red‐flag knowledge of, or was willfully blind to, infringing activity involving those categories of protected material; 3) remanded for further proceedings related to claims arising out of the District Court’s grant of partial summary judgment; and 4) affirmed in all other respects.

(United States Second Circuit) - In a copyright infringement suit brought by the company that owns the recordings of the Turtles, a well-known rock band with a string of hits in the 1960s, on behalf of itself and a class of owners of pre-1972 recordings against largest radio and internet-radio broadcaster in the U.S., the district court's denial of defendant's motions for summary judgment and reconsideration is reversed where, in response to questions certified to the New York Court of Appeals, New York common law does not recognize a right of public performance for creators of pre-1972 sound recordings.

(United States Ninth Circuit) - Affirmed in part, reversed in part, vacated, and remanded for retrial. Defendant killed a grizzly bear that was harassing his horses in Montana and was convicted of violating the Endangered Species Act. The 9th Circuit held that the trial court erred in applying an objectively reasonable standard when it should have applied a subjective belief standard as to the defendant's claim of self-defense.

(California Court of Appeal) - Held that a fan of the singer Michael Jackson could not proceed with her proposed class action lawsuit against an entertainment company and others for releasing a posthumous album that allegedly contained three fake tracks not actually sung by the popular singer. The defendants, who filed an anti-SLAPP motion, contended that the claims against them must be stricken. Agreeing with them, the California Second Appellate District reversed the trial court's denial of the anti-SLAPP motion in relevant part.

(United States Ninth Circuit) - Reinstated a lawsuit alleging that a woman stole an oil painting worth millions of dollars from her former husband, an Italian film producer. The woman, an Italian citizen, argued that the claims against her were time-barred under California's borrowing statute, because the applicable 10-year Italian statute of limitations would bar those claims in an Italian court; the district court agreed with her. Vacating in part, the Ninth Circuit remanded for further proceedings on the replevin and unjust enrichment claims and on the request for declaratory relief.

(United States Ninth Circuit) - Reinstated a lawsuit alleging that a movie studio breached its collective-bargaining agreement with musicians who score motion pictures. The musicians' labor union contended that the movie studio breached the labor agreement by having the film Same Kind of Different As Me scored in Slovakia, rather than hiring union musicians in the U.S. and Canada. Finding genuine disputes of material fact, the Ninth Circuit reversed the entry of summary judgment for the movie studio and remanded for further proceedings.

(United States Ninth Circuit) - In a trademark dispute involving the use of the mark CRAZY HORSE for entertainment services, namely exotic dance performances, the district court's grant of summary judgment to plaintiff is affirmed where plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark and therefore had the right to use the mark.

(United States Second Circuit) - Affirming the district court's determination that New York law allows for derivative litigation rights in a suit on Lanham Act claims and a motion for preliminary injunction under the first-filed rule, but vacating the dismissal of the complaint and injunction motion in favor of a first-filed Georgia action because the Georgia suit was transferred to New York, so the reasoning behind the first-filed ruling no longer pertains, and affirming the district court's award of costs, including attorney fees incurred in the Georgia state action.

(United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law.

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.

(United States Supreme Court) - Held that a business engaged in nonjudicial foreclosure proceedings was not a "debt collector" under the Fair Debt Collection Practices Act. A homeowner claimed that the business violated certain statutory requirements in carrying out a foreclosure on behalf of a lender. Rejecting this argument, the U.S. Supreme Court held that the Act was inapplicable to this nonjudicial foreclosure proceeding. Justice Breyer delivered the opinion for a unanimous Court, clarifying the statute's definition of debt collector.

(United States Supreme Court) - Held that parties do not consent to classwide arbitration if the agreement is ambiguous on that point. An employer sought to block an employee from proceeding with a proposed class action lawsuit and instead force his claims into individual arbitration. The U.S. Supreme Court agreed that the employer had the right to do this, because the arbitration agreement was ambiguous about the availability of classwide arbitration. Chief Justice Roberts delivered the opinion of the 5-4 Court.

(United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act.

(United States Supreme Court) - Addressed whether a convicted criminal's period of supervised release is tolled -- in effect, paused -- during pretrial detention for a new criminal offense. Held that tolling occurs if certain conditions are met. Justice Thomas delivered the opinion of the 5-4 Court.

(United States Supreme Court) - Addressed the question of when burglary qualifies as a predicate offense for enhanced sentencing under the Armed Career Criminal Act. More specifically, the narrow issue concerned what it means to remain in a building or structure with intent to commit a crime. Ultimately, held that violation of Michigan's third-degree home-invasion statute qualified as a predicate offense. Justice Kavanaugh delivered the opinion for a unanimous Court.

(United States Supreme Court) - In a case alleging racial gerrymandering, held that the Virginia House of Delegates lacked standing to appeal the invalidation of Virginia's 2010 redistricting plan. As a single chamber of a bicameral legislature, the House had no standing to appeal a three-judge federal district court's redistricting ruling separately from the State of which it is a part. Justice Ginsburg delivered the opinion of the 5-4 Court, joined by Justices Thomas, Sotomayor, Kagan and Gorsuch.

(United States Supreme Court) - On an issue relating to the U.S. Constitution's Double Jeopardy Clause, upheld the dual-sovereignty doctrine. A man who was convicted by Alabama for possessing a firearm as a felon insisted that it would be double jeopardy to prosecute him for the same conduct under federal felon-in-possession law. However, the U.S. Supreme Court disagreed, declining to overrule the longstanding dual-sovereignty doctrine. Justice Alito delivered the opinion of the 7-2 Court.