Friday, June 27, 2003

SCALIA ON SODOMY

Or is it sodomy on Scalia? I'm not sure...I'm a bit bleary-eyed after reading his dissenting opinion in Lawrence et al. v. Texas. Anyway, I had planned to try to find some cracks in his reasoning and write about them during my usual late-night blogging session tonight, but I was too ambitious. It took over an hour of close reading and note taking and I'm just too drained to make any comments yet. So that's on tap for tomorrow: I do have a few comments from a layman's point of view that I want to make--Scalia is extraordinarily rational and doesn't hide behind weird legal terminology, but he does make some assumptions that seem to be more from the stance of a conservative's world view, rather than from that of a disinterested judge; I'm going after his assumptions.

I will say this. My ex-lawyer buddy, Alan, has stated that, while he doesn't always agree with Scalia's decisions (Alan, I think, prides himself on being neither liberal nor conservative), Scalia does write the clearest opinions coming out of the Supreme Court. I think Alan's right. Scalia's opinion, while mentally taxing to read, was actually pretty enjoyable in as much as following his arguments are concerned.

Here are the opinions, if you want to read them yourself. Tomorrow, I'll have some commentary on Scalia's dissent (Thomas also wrote a dissenting opinion, but, as usual, it is pretty short and without much substance).

In the meantime, I'm going to post a couple of links for the interim. See above.

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