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In a decision written by Justice Scalia, the Court expressly overturned Michigan v. Jackson, {{ussc|475|625|1986}}, asserting that requiring an initial “invocation” of the right to counsel in order to trigger the Jackson presumption, might work {{clarify}} in States that require an indigent defendant formally to request counsel {{where}} before an appointment is made, but not in more than half the States, which appoint counsel without request from the defendant.

Justice Alito filed a concurring opinion. Justice Stevens, who had written the Opinion of the Court in Jackson, filed a dissenting opinion in which Justice Souter and Justice Ginsburg joined. Justice Breyer joined that dissenting opinion, except for footnote 5. Justice Breyer also filed a separate dissenting opinion.