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.