We know, we told you there would be no referendum on Mayor Adrian Fenty’s school takeover legislation already, but now we’re telling you again. After the D.C. Board of Elections and Ethics reversed its earlier decision to approve a referendum petition on the bill, a D.C. Superior Court judge granted a last-minute hearing to activists for the referendum, leaving open the possibility that the judge could rule that the BOEE is not be allowed to change its mind. But the Washington Times reports this morning that Judge Lynn Leibovitz ruled against petitioner Mary Spencer and her attorney Matthew Watson, saying that “what is acted upon by Congress cannot be approved or rejected by” a referendum.

The Post quotes Spencer as saying afterward that she was disappointed but that the legal challenge sent a message to the mayor. “The people have spoken,” she said. “They want to have a say. They want to have a vote.”

The judge’s ruling means Fenty is expected to officially assume control of D.C. Schools on Tuesday, when the mandated congressional review period expires.

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