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To: jwalsh07; Torie
My remarks are accurate. Kennedy is justifying his overturning of Bowers in part based on European precedent and their enlightenment.

From a legal standpoint, no he was not. BTW, if pretending he was, then Scalia oddly overlooked a prime avenue of attacking the Opinion of the Court. As I've already stated thrice, Kennedy was responding directly to the arguments advanced in Bowers. So, if you wish to find the correct target for your ire, perhaps you should review the Bowers ruling yet again and focus there..

134 posted on 06/29/2003 5:34:59 PM PDT by AntiGuv (™)
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To: AntiGuv
No thanks. The Europeans were "enlightened" 5 years prior to Bowers which is why Burger, presumably, was addressing the historical treatment of sodomy.

Kennedy actually cited recent cases in Europe and went on to embrace and endorse their arguments.

As for Scalia, I'm not in charge of him and I doubt he'd be willing to take legal advice from a blue collar guy. But I'd give it a shot if you could arrange a meeting.

139 posted on 06/29/2003 5:40:31 PM PDT by jwalsh07
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