Thomas’s dissent

I have to say, out of all four opinions, I was most surprised by Thomas’s dissent:

“I write separately to note that the law before the Court today ‘is … uncommonly silly.’ Griswold v. Connecticut, 381 U.S. 479, 527 (1965) (Stewart, J., dissenting). [Griswold struck down a law that criminalized the use of contraceptive devices.] If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.”

Nevertheless, Thomas still thinks the law is constitutional, because the Constitution doesn’t explicitly guarantee privacy. I can sort of respect that. At least he’s not as dickish as Scalia is in his dissent.

More on Scalia later.

Much more.

Scalia Quote

“In my view today’s opinion recognizes a benevolent compassion that the law does not place it within our power to impose.”

So says Justice Scalia, in his dissent from today’s Supreme Court decision allowing disabled golfer Casey Martin to ride in a golf cart between shots. (Summary here.) Regardless of the merits of the decision — which I haven’t read yet — this first sentence of Scalia’s dissent pretty much sums up everything that’s wrong with the man. It’s too bad, because the man’s a brilliant thinker and writer. In fact, sometimes I find myself very tempted by his arguments, because they usually have a cold and internally consistent logic. It’s just that he lacks a heart.

Yet even though I usually disagree with him, his opinions are witty and incisive, although sometimes to the point of being caustic. They’re usually enjoyable reads, whether or not you agree with what he’s saying.