In September 2005, the U.S. Supreme Court decided to hear the appeal of that decision. The George W. Bush administration directed Paul Clement, the United States Solicitor General, to intercede on Smith's behalf out of an interest in expanding federal court jurisdiction over state probate disputes. On May 1, 2006, the Supreme Court unanimously decided in favor of Smith. Justice Ruth Bader Ginsburg wrote the opinion. The decision did not give Smith a portion of her husband's estate, but affirmed her right to pursue a share of it in federal court.