Strangely, this is actually a "good" decision.
O'Conner sites the fact that the legislature, if it had been so inclined, could have included the wording necessary to make an overt act a requirement of a conspiracy charge in this type of case. They failed to do this.
In other words, the USSC did NOT legislate from the bench in this case (must have been hard for them to avoid!).
IMHO - Congress should rectify this asap.
Exactly. It's good that the court didn't legislate, but the legislature needs to fix it STAT because this nonsense could be a hideous tool in the hands of prosecutors who are chapped over a pesky lack of evidence.
MM