<$BlogRSDURL$>
WaxWorks
|
Monday, December 02, 2002
 
My take on the Texas case concerning sodomy is that if Romer v. Evans has any bite to it, then Bowers has to be overruled. Kennedy did not mention Bowers a single time in his Romer majority opinion, and Scalia took him to task for the ommission in his characteristically strident dissent. Scalia, however, has his sights on the CJ post when Rehnquist goes (and Kennedy surely does too, although his Casey and Romer opinions have probably sunk him), so I wonder if Scalia or Kennedy will pull their punches on this case.

On the affirmative action cases, I think this guarantees that this will be the huge issue when the next court resignation happens. It also could mean that Alberto Gonzalez, already considered to be the favorite to get the first opening and rumored to be more moderate than other Hispanics on the short list, could have his chances for a nomination improved if he supports affirmative action, because that would cut off opposition from the left on that point.

- posted by Joshua @ 6:28 PM
Comments: Post a Comment

Powered by Blogger

Weblog Commenting and Trackback by HaloScan.com