536 U.S. ____ (2002)

SUPREME COURT OF THE UNITED STATES

No. 01—332

BOARD OF EDUCATION OF INDEPENDENT SCHOOL
DISTRICT NO. 92 OF POTTAWATOMIE COUNTY,
et al., PETITIONERS v. LINDSAY EARLS et al.

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

[June 27, 2002]

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.