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17 Justice Souter wrote a concurring opinion that was joined in its entirety by Justice Breyer.
Justice Sandra Day O'Connor went to great lengths in a separate, but concurring opinion, joined by Justice Stephen Breyer, to caution that the court must still review aid programs carefully to make sure they do not support too much religious indoctrination.
David Brumbeloe, director of the AICPA's SEC practice section, noted there have been at least three instances since Potts in which the SEC charged concurring partners with negligence.