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Thursday, Jul 04, 2002


"The holding in Board of Education of Pottawatomie County v. Earls shouldn't just enrage students and parents unwilling to see their kids shamed just for joining the band. It should terrify any of us who fear that in promoting a War on Something, the court might be prepared to suspend all rules of constitutional interpretation based on the preposterous legal theory that "Heck, we oughtta try something." The majority opinion in Earls reflects some of the worst results-based decision-making we've seen since Bush v. Gore. And like Bush v. Gore, it is rooted in panic, expediency, and a twisting of prior precedent to fit the facts."