Absolutely correct. I had expected this outcome as soon as I heard it was Souter who was handed this for review.
Since the Court uses the "Rule of Four," it takes only four Justices to cause the Court to take a case. That means that at least SIX Justices on the Supreme Court refused to obey their oath of office to protect and defend the Constitution of the United States.
Words fail in describing how reprehensible, how stupid, how destructive (both now and in the future) this decision not to decide is. I assume that the faithful three, Chief Justice Rehnquist, and Justices Scalia and Thomas, did not go along with this rape of the Constitution. But we will only know that for sure if they dissent from the Order denying certiorari. Justices seldom do that, but may do so if they choose.
At least my predictions were right about the timing of the decision -- just a while after 1 p.m. (#$%%^&&#*(&*^&)
Congressman Billybob
Click for "Oedipus and the Democrats"