(Fwd from Mark Graber) O'Connor Rules

[Eugene Volokh]

------- Forwarded Message Follows -------

LEXIS confirms Professor O'Connell's message.  The Court by a 5-4
vote overruled Aguilar I.  For those interested, by 5-4 votes the
Court also upheld the Kansas involuntary sexual predator law,
declared that the Terrorist and Death Penalty Act of 1996 was not
retroactive, and ruled that private officials running prisons were
state actors.  O'Connor was the swing vote in all cases.

Mark A. Graber
mgraber at bss2.umd.edu

P.S.  I'm pleased that there were four justices in favor of Aguilar
I.  Not as bad a day for religious freedom and inner city children
(who requiring thriving public institutions) as I thought.  Actually,
if what Professor McConnell and I are fighting over is whether state
officials can provide certain services for handicapped children in
religious schools, then in my judgment religious freedom is in great
shape even if, as I think, the court got this one wrong.