Wednesday, November 09, 2005

Virginia is for haters:
Howard reports on a lower Virginia appeals court that has upheld a sodomy conviction, in defiance of Lawrence v Texas.
I'm angry at the opinion, and the various levels of misconduct by Virginia officials that resulted in the case being heard.
The court said he doesn't have standing to challenge the facial constitutionality of the law he was charged under.
That, and other parts of the opinion, are absurd.
The judge is wrong on standing, wrong on how he characterized defendant's conduct as public rather than private, wrong on whether speech is expressive, right as to many of the cases he cites and procedural issues. Overall, very wrong.

My reaction is not just about sodomy, although I'm a big fan of sodomy,
but is about the nature of the Supremacy of the Supreme Court.
I think the way laypeople think of it is that the Supreme Court makes decisions and lower courts and governments follow them.
My experience has been that the Supreme Court makes decisions and government ignores them until dragged kicking and screaming.
And this results in systemic unfairness and oppression - even when the Supreme Court gets every case right. And they don't, so it's worse.

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