I'm reading through the Kennedy opinion now. I'm now at a point where Kennedy is arguing that there wasn't really a long legal history of criminalizing homosexual acts as such. It strikes me as being as bad and tendentious history as Blackmun's pseudohistory in Roe v. Wade. It must be taken right out of the briefs of the lawyers arguing for Lawrence and Garner. Lawyers' history in briefs is notoriously bad.
Unfortunately the court can't add to the arguments that were brought before it. It can only choose among them. Sounds like Texas didn't have that great a legal team.
THat's the way those guys operate. They have visions and whatever they can do to transform reality into those visions, they will do. Hence the long passage through rambling rubbish.
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