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

To: NittanyLion
Care to explain on what theory the Supreme Court thought Lawrence affected the outcome in Limon?
294 posted on 06/29/2003 12:00:05 PM PDT by aristeides
[ Post Reply | Private Reply | To 293 | View Replies ]


To: aristeides; NittanyLion
Limon was challenged in large part on the basis of Romer; the Kansas defense rested on the Bowers precedent; Lawrence reversed Bowers, which no longer exists as a point of law; Romer is now controlling; the 5th Amendment brings sentencing under the purview of both Lawrence and Romer.

Romer states that: even in the ordinary equal protection case calling for the most deferential of standards, we insist on knowing the relation between the classification adopted and the object to be attained. If Kansas can establish the relation between the classification here adopted and the object to be attained, they will meet the threshold in Romer. By all means, if anyone here can explain that relation (consistent with Romer and Lawrence), then go right ahead.

297 posted on 06/29/2003 12:04:59 PM PDT by AntiGuv (™)
[ Post Reply | Private Reply | To 294 | 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