OLI that is exactly what they said, meaning that the 5th could kick it back to the trial court using the newlay announced standard, which in turn could mean eons of litigation over what the standard means, and how it is applied. It also means affirmative action is not going anywhere any time soon.
"Io sono stanco, sono imbigliato, and I wan't everyone here to know, there ain't gonna be no trouble from me..Don Corleone..Cicc' a port!"
"I stood in the courtroom like a fool."
"I am Constanza: Lord of the idiots."
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