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First off, it's clear that the rule is ludicrous.

But it's not up to the court to throw out ludicrous rules. The courts are not legislatures (no matter how much Justice O'Connor acted like a legislator in her rulings today).

Someone said long ago that the Supreme Court needed a rubber stamp labeled "STUPID BUT CONSTITUTIONAL".

The real question is why haven't the school board members responsible for implementing this ridiculous zero tolerance policy been recalled, and why haven't the statutes authorizing such actions been revised?

It's not up to the courts to repair idiotic political decisions that still pass constitutional muster. It's up to the politicians and the people who elected them to fix that.