Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Paloma_55
Example of right constructed: The proscription of creating a law preventing sodomy on the basis that it violates the civil rights of homosexuals.

I recognize that the Supreme Court doesn't generally offer petitioners advice on what to petition, but IMHO what they should have done was dismiss Lawrence without prejudice, with a note saying that the petitioner should appeal on the basis that enforcement of the sodomy law in the extant case may have constituted capricious enforcement insofar as the cop had no warrant or other legitimate basis for entering the dwelling uninvited. The Supreme Court could have then remanded the case to a jury, with instructions to acquit the defendants unless it found that they were responsible for the cop's having entered their dwelling. [nb: I've read suspicions that these people called the cops themselves; I have no idea whether they did or not, but if phone records had shown that they had done so and this were brought out at trial, many people would be glad of these guy's prosecution]

10 posted on 04/12/2005 9:50:12 PM PDT by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
[ Post Reply | Private Reply | To 2 | View Replies ]


To: supercat

You operate under the superstition that the Justices would want to do justice in a narrow case... what they did was wholly political.

They wanted to change the law and culture, and they did.


12 posted on 04/12/2005 10:42:36 PM PDT by WOSG (Liberating Iraq - http://freedomstruth.blogspot.com)
[ Post Reply | Private Reply | To 10 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson