Saturday, March 3, 2007

More on Lawrence v. Texas's sandpapery slope

Howard Bashman's latest On Appeal column neatly summarizes the recent incest and sex toy decisions and their implications.

Bashman is right about the Supreme Court's apparenty disinterest in hearing follow-up cases. As I have mused before, this is a striking contrast to the rapid succession of post-Brown v. Board of Ed. cases, which quickly dispensed with the narrow distinctions drawn in Brown. In fact, if this trend continues, one wonder whether Lawrence will become a little like Bush v. Gore, a case you're not supposed to cite for anything. "Oh, you're not trotting out that old thing, are you?"

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