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To: All
Link to Thomas's dissent.
25 posted on 06/26/2003 7:44:45 AM PDT by aristeides
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To: aristeides
Justice Thomas:
I join JUSTICE SCALIA's dissenting opinion. I write separately to note that the law before the Court today "is ... uncommonly silly". 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.

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to decide cases‚ agreeably to the Constitution and laws of the United States. And, just like Justice Stewart, I can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy, or as the Court terms it today, "the liberty of the person both in its spatial and more transcendent dimensions."


53 posted on 06/26/2003 8:10:30 AM PDT by bvw
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To: aristeides
Thanks for the link. It's interesting to see the following, which is near the very beginning of Justice 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). 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.

238 posted on 06/27/2003 5:16:00 AM PDT by jejones
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