EDIT: The NYT article on this -- http://www.nytimes.com/2010/08/05/us/05prop.html -- seems to imply that this is a separate ruling that has not been made yet.
http://en.wikipedia.org/wiki/Strauss_v._Horton
EDIT: The NYT article on this -- http://www.nytimes.com/2010/08/05/us/05prop.html -- seems to imply that this is a separate ruling that has not been made yet.