Isn't it obvious? The Court is doing what it has long done, acting as Posnerian "wise elders" squarely within the mainstream of American elite opinion, imposing this vision on aberrant states.
Scot Powe pretty persuasively explains most Warren Court holdings on this basis. Only Powell's unexpected temporary brain lock and lapse from such elite opinion made it take this long. I wouldn't expect much sequelae from this case, any more than from Bush v. Gore. Frank Cross Herbert D. Kelleher Centennial Professor of Business Law CBA 5.202 University of Texas at Austin Austin, TX 78712
