American Telephone & Telegraph Co. v. Village of Arlington Heights

As the sole survivor of the old majority (AT&T v. Village of Arlington Heights (December 4, 1992), No. 72315), it is incumbent upon me to respond. (Justices Clark, Moran and Cunningham retired in December 1992.) The three-member old minority did not suffer any attrition. With the addition of two new members to their ranks, the old minority has been transformed into the new majority. I hasten to add my congratulations and respectful dissent.

The new majority opinion is substantially the same as the old dissent. The few changes did not, in my judgment, rehabilitate a fatally flawed argument.

There…