Only about an hour before Democratic presidential candidates will debate in Nevada, it looks like Dennis Kucinich won’t be one of them.

The Nevada Supreme Court said that MSNBC could bar Kucinich from the debate — which will feature John Edwards, Barack Obama and Hillary Rodham Clinton.

A lower court had ordered MSNBC to include Kucinich of cancel the debate. But the Supreme Court said that order would constitute prior restraint and violate the networks First Amendment rights.