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To: cherrycapital
When the Supreme Court vacates a court judgment and refers to one of its own decisions as explanation, it is referring to the opinion of the Court, not to a concurrence in the judgment like O'Connor's in Lawrence. The majority in Lawrence expressly declined to decide the case on equal protection grounds.
81 posted on 06/28/2003 8:25:33 AM PDT by aristeides
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To: aristeides
Well, it beats me why they referred to Lawrence when a straightforward reading of the Equal Protection Clause would've reached the same result. But the point is the same. Limon was legally and morally correct and did not require Lawrence to back it up, even if that's what they did in fact use.
90 posted on 06/28/2003 8:29:24 AM PDT by cherrycapital
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