At 07:46 PM 6/14/2004 -0700 Doug Pensinger wrote:
>They definitely whimped out.  What this means to me is that they were 
>afraid to rule because of the impact their ruling would have, so they 
>found a way to weasel out of making any decision.

Actually, the answer is that with Scalia recused they had a 4-4 vote on all
other outcomes.

JDG

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