Quote:
Originally posted by Tyrone Slothrop
Not so much. Kennedy has given litigants and courts something real to hang their hat on if they want to challenge a local government decision.
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Kennedy, Schmennedy.
The lower courts that are going to decide 99% of these cases in the next ten years are going to decide them based on the opinion. Kennedy's concurrence will make an interesting footnote, and his conflicting view may be decisive if and when another test case reaches the Supremes, but it will make no difference in the real day-to-day battles that will be fought in the lower courts.
