AND THE CONSTITUTION MEANS WHATEVER TONY SAYS IT DOES:

Key U.S. justice opposes use of race in school cases (James Vicini, 12/04/06, Reuters)

A justice who may cast the decisive vote on the closely divided U.S. Supreme Court on Monday sharply criticized using race to decide where students go to school.

"You're characterizing each student by reason of the color of his or her skin," Justice Anthony Kennedy told a lawyer for one of two school districts arguing before the high court.

"It seems to me that that should only be, if ever allowed, allowed as a last resort."

Supreme Court dynamics are pretty easy--lose Justice Kennedy, lose your case.

Posted by Orrin Judd at December 4, 2006 6:09 PM