rule of the case in vieth

[David R. Dow]

did members of this list already discuss the rule of the case in vieth? if
so, and if someone has the thread preserved (perhaps eugene) i would be
grateful to receive it.  

obviously, the narrowest ground for decision is kennedy's, but that leads
to the paradoxical conclusion that bandemer is not actually overruled,
despite what the plurality says, b/c there are five votes (counting
kennedy) rejecting scalia's conclusion that gerrymandering claims are
nonjusticiable.  and so the odder consequence is that whereas in bandemer
there were two standards, neither of which commanded a five-vote majority,
now, following vieth, there are four standards.  

but i imagine this has already been worked out by the list, so i hope
someone can send me the thread.  thanks.  

-- d.dow