[Oberon]

You could use that argument to codify parts of Deuteronomy, Numbers and Leviticus.

Point taken... and it's a good one. Still, the moment we start pushing for laws based on "the greater good of society," we've agreed that that's a valid justification for all sorts of laws... and the lefties won't stop at Deuteronomy, Numbers, and Leviticus.

Interesting perspective on OT law, by the way. Jewish law made no provision for incarceration. Punishments provided for in the Law included restitution, fines, and corporal punishment up to and including death, but no jail.

That's a point in its favor, I think.

[GraniteStateConservative]

I like Scalia, but this comment from the arguments on this case is sort of disturbing.

"It's conceded by the state of Texas that married couples can't be regulated in their private sexual decisions," says [attorney] Smith. To which Scalia rejoins, "They may have conceded it, but I haven't."

Scalia for Mullah?