[Torie]

While Kennedy cited Roe, what is so interesting about this decision, is that it backed away from the right to privacy concept. The rationale of this decision, along with Griswald and Roe in a repackaging effort, were wrapped in a yet even broader and more vague concept about the due process right to liberty where its exercise is fundamental to the person. No, I am not making this up.

So now, if the Court really wanted to get activist, with this vague, amorphous, and subjective tool, combined with equal protection sledge hammar (all laws by definition are unequal in protection because they make distinctions, and thus are fair game for bludgoning), well SCOTUS can simply pass any legislation it wants.

Lamar Alexander had this demogogic line (yes, I don't like Lamar), about cutting the pay of Congress, and sending them home. If SCOTUS really gets going, the pay should be cut to zero, and they should stay home forever, and sell off the Capitol Building. The legislative branch will have become as vestigal as an appendix.

In short John, you might not have liked the manufactured penumbra right of privacy, but it had the virtue of by its very nature, being somewhat limited in its application. The standard applied in this case is as limitless as the West Texas horizon. We have a brave new world out there.

And so it goes.

[Torie]

By the way, I have rarely read as much unadultered crap, spam, and inanity, as I have on this thread. Pathetic really. JMO.

[jwalsh07]

I think you are absolutely correct. I read all the opinions and I know I am limited as far as knowledge of the law goes but this is absolute crap.

I would much prefer somebody like you on the SCOTUS than numbskulls like Kennedy, O'Connor and the 4 dwarves.

And that's with prior knowledge of the fact that we see things a bit differently. From you I would get honesty.

I repat, from a layman, Kennedy's decision is pure crap.

[Diddle E. Squat]

There is a another thread that suggests that this ruling would be the foundation for the courts to throw out the military's 'Don't ask, don't tell'. At first that sounded like a stretch, but after your post I am not so confident. Do you have any opinion on the likelihood of that happening?

[El Gato]

While Kennedy cited Roe, what is so interesting about this decision, is that it backed away from the right to privacy concept. The rationale of this decision, along with Griswald and Roe in a repackaging effort, were wrapped in a yet even broader and more vague concept about the due process right to liberty where its exercise is fundamental to the person. No, I am not making this up.

What's worse, IMHO they cited decisions by the European Court of Human Rights, and the provisions of the European Convention on Human Rights. Short quote below:

And, to the extent Bowers relied on values shared with a wider civilization, the case's reasoning and holding have been rejected by the European Court of Human Rights, and that other nations have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct