True. But it illustrates the last line of editorial:
"These kinds of judicial encroachments on liberty are precisely why Supreme Court nominations have become such high-stakes battles."
I really do not think anyone can imagine what chaos this decision could cause. Casino's , hotels, wealthy overseas investors and the like will be scouring neighborhoods for the perfect score. Office buildings replacing homes because the tax base is higher will uproute average people. They will all blame George W. Bush. Watch.
The essential thing is that Bush nominate the right people for supreme court vacancies and not quislings like Kennedy --who will change once he gets on the court--and stealth candidates --like Souter---who did not need to change because his judicial philosphy was hidden and misrepresented by that skunk--Warren Rudman. Bush--and America --cannot afford another careless nomination from a Republican president. There will be a fight with them all, and shirking a fight is not a permissible motive for an American President at this point in time.