A subsequent article in "Vanity Fair" quotes several of the court's clerks at the time who were critical of the decision. They note that, despite the per curiam decision's declaration that the case was taken "reluctantly", Justice Kennedy had been rather enthusiastic about taking the case all along. They felt at the time, as had many legal scholars, that the case was unlikely to go to the Supreme Court at all. In fact some of the justices were so certain that the case would never come before them that they had already left for vacations.