The mainstream media is missing a major bomb shell at the Supreme Court in the final day of decisions today.

The Court did not render a decision in the Hillary Campaign Movie case and scheduled a almost unprecedented rehearing in September on it to consider some broader issues, possibly reaching long standing Federal law prohibiting corporate spending in Federal campaigns.

If the court agreed with conservative groups and ruled that corporations have a constitutional right to spend corporate money on Federal campaigns, the idea of limiting campaign finance could come to an end.

According to an AP article, Souter will not sit in September. "The court's composition will be different by the time it rehears the case."

Whether the court will actually sit without Souter remains to be seen. Some people, possibly including Souter, may have a big problem with the court's delaying a decision on such a major political issue until after a justice leaves and before their replacement arrives. Some people may think Souter still has continuing jurisdiction to sit on the case before his replacement arrives because he was on the court when it heard the case.

The court's scheduling the hearing in September, likely before Sotomayor's confirmation vote, as opposed to simply putting the case over into the next term, reeks of politics. Someone on the court wants to keep her from having a vote on the decision.

If Souter does not sit, Republicans now have every incentive to delay Sotomayor's nomination until after a decision.

The door is now wide open to speculation as to what conceivable configuration of justices could have led to this result.

With a tie, the four conservatives might now be able to swing one of the other four by convincing them that court should reach a result on a limited legal base but which would give the conservatives a practical victory, such as overturning the statute but in a way that would permit Congress to enact a more limited one, thus creating a gap period of no restrictions.