R. 3402 represents a well-meaning but seriouslymisguided response to the desperate economic condition wrought by forty-plus years of communist misrule in Poland and Hungary.
But a dissenting Justice John Paul Stevens said the court was "seriously misguided" in its attempt to limit state action designed to accommodate the political concerns of minority groups.
It might, however, be a small but important step toward jettisoning years of misguided restraint and once again taking constitutional limits on government power seriously.