O'CONNOR, J., Dissenting Opinion

SUPREME COURT OF THE UNITED STATES

01-332

Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Justice O’Connor, with whom Justice Souter joins, dissenting.

I dissented in Vernonia School Dist. 47J v. Acton, 515 U.S. 646 (1995), and continue to believe that case was wrongly decided. Because Vernonia is now this Court’s precedent, and because I agree that petitioners’ program fails even under the balancing approach adopted in that case, I join Justice Ginsburg’s dissent.