According to Justice Thomas's opinion for the Court in Board of Education v. Earls (2002), the principles established in Vernonia School District v. Acton (1995) justified the position the Court took in Earls. However, Justice Ginsburg, who was part of the six-justice majority in the Vernonia case, wrote the dissent in Earls and stated that the Vernonia decision provided an inadequate basis for what the Court was doing in Earls. Does Justice Thomas or Justice Ginsburg seem to be standing on more solid ground? Why?
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