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

Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls (01-332) <& /supct/inclusions/offcite.mas,docket=>'01-332' &>
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Syllabus	Opinion [ Thomas ]	Concurrence [ Breyer ]	Dissent [ Ginsburg ]	Dissent [ O'Connor ]
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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

01-332 Argued: March 19, 2002 --- Decided: 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.

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