Thursday, March 27, 2003
Supremes and Sodomy: Two great tastes that taste great together? I suppose not, but it was interesting to hear news reports of the oral arguments in Lawrence v. Texas. As I thought, the court sounded open to overturning the 1986 Bowers v. Hardwick decision that upheld the legality of sodomy laws. Of course, Rheinquist and Scalia were clearly suspicious of overturning, and sympathetic to the argument that Texas "has the right to set moral standards ... for its people." The enigma here is Clarence the Silent. How might Justice Thomas vote? The usual line is that he is simply a Scalia clone, but Thomas has a (small) libertarian streak that Scalia surely does not have. In addition, Justice Thomas is the only sitting member of the court who is in a romantic relationship that was once against the law. I smell 7-2.