He said that the Internet-only fares represent "invidious discrimination" by airlines against consumers, like him, who do not own a computer.

The Court's order is "bad news" simply because it opens the door to weakening the statutory prevention of invidious discrimination.

Governments (as well as individuals) have responsibilities to deal with invidious discrimination, which has nothing to do with conduct or moral character.

"Fiscal considerations alone cannot justify a state's invidious discrimination against aliens," Justice Cordy wrote.

The Supreme Court has also ruled that redistricting plans could be rejected if they bear evidence of "invidious" discrimination.

Justice Stevens said that the majority today had overlooked the difference between invidious discrimination and efforts to "foster equality in society" through race-based preferences.

Hence, in purposive terms, invidious discrimination and positive discrimination were not equivalent.

Few would deny that ferreting out this kind of invidious discrimination is a great if not compelling governmental interest.

"The Massachusetts Constitution," the court said, "does not permit such invidious discrimination, no matter how well intentioned."

"But it is inappropriate for any judge to be a member of any organization that practices invidious discrimination."