Justice O'Connor joined Chief Justice Rehnquist's dissent and wrote a very detailed concurrence to make clear that she would've kept the wording as it is. It was Justice Kennedy that punted just as he punted in the political gerrymander case earlier this year.
Thanks for the note. The only one who might really know where Kennedy is going, is Kennedy, and he himself might not know. The man is so cross conflicted. He is in even worse shape than I am. :)