Santorum was right. A state district court judge threw out the charges against a man arrested on solicitation of sodomy in a public park in Charlotte, NC.

Links/E-mail. I finally updated my links and e-mail. I had previously had a mailto: with my e-mail address in it. The spambots got ahold of it and I got to the point where I couldn't bear to open my mailbox. Anyway, you know the routine. substitute the @ for the -at-.

Bonhoeffer. This movie will be playing in town at the Avalon -- I'd like to see it (and perhaps take my son, age 5, to it. He is very facinated with DB -- he has a book that he regularly asks us to read to him). Here's a good article on the documentary.

Foreign Law. USA Today has an article today noting the reliance by several justices upon case law from other countries. I've noticed this for awhile in Justice Breyer's opinions -- basically it turns out to be an appeal to authority to support one's own predetermined opinions.

What strikes me as interesting is that it's the white liberals on the court who are the leaders in this trend. As can be imagined, they only look to European opinions -- one never finds reliance on any African Courts or, say Jewish courts.

Liberal Supreme Court. Get used to the phrase -- start using it, it reflects the reality. See Stuart Taylor, here, if you need convincing.

"Bring 'em on". I don't see what the Democrats problem with this is. But then, I grew up the son and grandson of a Marine -- this is typical talk.

My Grandfather fought at Belleau Woods, the spot that GySgt. Daniel J. "Dan" Daly uttered the famous line to his men: "Come on, you sons of bitches! Do you want to live forever?" (near Lucy-le-Bocage, 5th Marines June 6, 1918.) Same battle: "I have only two men out of my company and 20 out of some other company. We need support, but it is almost suicide to try to get it here as we are swept by machine gun fire and a constant barrage is on us. I have no one on my left and only a few on my right. I will hold. " - 1st Lt. Clifton B. Cates, July 19, 1918.

Here are some more:

"You don't hurt 'em if you don't hit 'em." -Lieutenant General Lewis B. Puller, 1962.

"Hard pressed on my right. My center is yielding. Impossible to maneuver. Situation excellent. I am attacking!" -Ferdinand Foch

"We're surrounded. That simplifies the problem!" -General Puller

"We're not retreating, Hell! We're just attacking in different direction!" -Gen. Oliver Smith

[Withdrawn]

Thinking on the Declaration. This is not a call for rebellion -- the drafters of the document observe "that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed." Thus begins the tipping point, the transition to the statement of the case against the government: "But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security." The bulk of the document "is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states..."

Interestingly enough, it begins not with a burdensome law or demand, but with this: "He has refused his assent to laws, the most wholesome and necessary for the public good." That almost sounds like it could've been lifted from Scalia's dissent in the Lawrence case.

The drafters note that they have tried to obtain relief from these injuries: "In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only by repeated injury. "

So they appeal to "to the Supreme Judge of the world."

Then they note that because of the repeated injuries effectively void the relationship with the prior state and create a new one: " that all political connection between them and the state of Great Britain, is and ought to be totally dissolved; and that as free and independent states, they have full power to levey war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."

Make Way for Mr. McCloskey. I just heard this news, via Orin Judd. (Yes, I'm even ripping off OJ's headline.)

Fittingly, I think, my wife and kids had gone blueberry picking today.

Rest in Peace, Mr. M.

When facing a protestor. Here's a statement, purportedly from the Commanding General, 1st Marine Division:

When you guys get home and face an anti-war protestor, look him in the eyes and shake his hand. Then, wink at his girlfriend, because she knows she's dating a p****

Mojo. The June 2003 issue of MOJO magazine has a nice CD included -- titled Instant Garage, the 28-track disc includes tracks by The Kinks, the Ramones, the Electric Prunes, and a lot of minor bands that might otherwise get overlooked.

tracklist:

mc5 – kick out the jams
electric prunes – i had too much to dream last night
sonics – psycho
new york dolls – personality crisis
ready men – shortnin’ bread
the bush – to die alone
jonathan richman and the modern lovers – she cracked
the express – wastin’ my time
gil bateman – daddy walked in darkness
love – 7 and 7 is
rocky & the riddlers – flash & crash
she – outta reach
ramones – i wanna be your boyfriend (demo)
kinks – milk cow blues
little john & the monks – black winds
alarm clocks – no reason to complain
count five – psychotic reaction
artesians – trick bag
dean carter – jailhouse rock
iguanas – again and again
the nazz – open my eyes
wailers – dirty robber
paul revere and the raiders – just like me
bunker hill – the girl can’t dance
the brave new world – train kept a rollin’
amboy dukes – baby please don’t go
the rats – rat’s revenge part 2
mouse and the traps – sometimes you just can’t win

A Tale of Two Cases. Most of you are familiar with the facts of the first case, as recounted by Justice Kennedy:

. . . officers of the Harris County Police Department were dispatched to a private residence in response to a reported weapons disturbance. They entered an apartment where one of the petitioners, John Geddes Lawrence, resided. . . The officers observed Lawrence and another man, Tyron Garner, engaging in a sexual act. The two petitioners were arrested, held in custody over night, and charged and convicted before a Justice of the Peace.

The relevant statute, Tex. Pen. Code Ann. § 21.06, declares that an offense is a Class C misdemeanor under Texas law, subject to a fine of up to $500. Lawrence and Garner were each assessed $200 fines.

The facts of the second case, as described by Justice Souter:

In March 1997, Petitioner Gail Atwater was driving her pickup truck in Lago Vista, Texas, with her 3-year-old son and 5-year-old daughter in the front seat. None of them was wearing a seatbelt. Respondent Bart Turek, a Lago Vista police officer at the time, observed the seatbelt violations and pulled Atwater over. According to Atwater’s complaint (the allegations of which we assume to be true for present purposes), Turek approached the truck and “yell[ed]” something to the effect of “[w]e’ve met before” and “[y]ou’re going to jail.” He then called for backup and asked to see Atwater’s driver’s license and insurance documentation, which state law required her to carry. Tex. Tran. Code Ann. §§521.025, 601.053 (1999). When Atwater told Turek that she did not have the papers because her purse had been stolen the day before, Turek said that he had “heard that story two-hundred times.”

Atwater asked to take her “frightened, upset, and crying” children to a friend’s house nearby, but Turek told her, “[y]ou’re not going anywhere.” As it turned out, Atwater’s friend learned what was going on and soon arrived to take charge of the children. Turek then handcuffed Atwater, placed her in his squad car, and drove her to the local police station, where booking officers had her remove her shoes, jewelry, and eyeglasses, and empty her pockets. Officers took Atwater’s “mug shot” and placed her, alone, in a jail cell for about one hour, after which she was taken before a magistrate and released on $310 bond.

Atwater was charged with driving without her seatbelt fastened, failing to secure her children in seatbelts, driving without a license, and failing to provide proof of insurance. She ultimately pleaded no contest to the misdemeanor seatbelt offenses and paid a $50 fine; the other charges were dismissed.

[some citations omitted.] The original offense, driving without a fastened seat belt, is governed by Tex. Tran. Code Ann. §545.413 which provides a punishment of "a fine of not less than $25 or more than $50."

Disclaimer: Before I go on I believe I should add the requisite disclaimer that these laws are "uncommonly silly.”

So how did the Supreme Court view these cases? In the sodomy case, the Court found the Texas law an improper moral code that burdened a fundamental freedom. In the seat belt case, the Court found tossing a mother in jail for failing to fasten her seat belt was constitutional.

The Judges who voted with the majority in both cases: Kennedy and Souter.

Query: What if Texas were to pass a law requiring safe sex? I.e., no sodomy without condoms?

Myth of the Conservative Court. For most of my life I've heard the Supreme Court labeled "conservative" or even "right-wing." After the term just concluded we heard Kimberle Crenshaw of UCLA on PBS discussing "broad themes that really sound very much like a Warren Court coming out of a very conservative court's mouth." Last Sunday saw NY Times doyenne Linda Greenhouse write: "Will the Court Move Right? It Already Has." Charles Lane, writing in the WaPo describes "an increasingly conservative court."

This is a myth and no matter how much the mantra is uttered, it remains a myth.

For those who have a shred of integrity, there is the beginning of a breakdown of the myth. Dahlia Lithwick describes this past week as "a shockingly progressive set of decisions from a supposedly conservative court." To which former Clinton solicitor general Walter Dellinger agrees:

But the number of progressive results is close to stunning.

The method of funding of Legal Services for the poor by "taking" the interest on lawyers trust accounts is upheld against a property rights challenge.

The Family Medical Leave Act is upheld as applied to the states, in spite of strong case law on state sovereignty.

Justice Powell's lone opinion in Bakke sustaining the use of race for diversity becomes the opinion of the court.

A capital case is overturned because of ineffective assistance of counsel.

The retroactive extension of the time for bringing sex abuse charges is held unconstitutional.

Bowers v. Hardwick is overruled.

In fact, this Court is a liberal court.

Consider: the twin big rulings of the past term: upholding state sponsored racial discrimination and discovering right to homosexual activity.

In the prior term the Court ruled for pornographers striking down the Child Pornography Prevention Act of 1996. It further ruled that executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment. (This is as good a point as any to add that I don't necessarily disagree with the court on these rulings -- my point is that this is a "conservative court" is a myth.)

In the 2000-2001 term the Court ruled the ADA required the PGA to provide Casey Martin a golf cart, allowed the jailing of people for failing to wear a seat belt, and did something involving Al Gore.

In the 1999-2000 term, the Court struck down a state law prohibiting partial birth abortion, banned student led prayers before football games, and reaffirmed the Miranda decision (it should be remembered that Miranda was a 5-4 decision of the Warren court, this was 7-2, with Rehnquist writing the opinion).

In prior terms, the Court struck down the Line-Item Veto, held that school districts can be liable under Federal law for offenses by students, and struck down a state initiative effectively granting special gay rights in Colorado.

In fact, this is a liberal court with a few bones tossed to the right.

By the Time I Get to Phoenix . It's a little after midnight here in Phoenix and I've gotta whine again -- I'm really getting tired of traveling. On this trip at least we're staying in a very plush resort -- as you can imagine the resorts are empty in June in Phoenix. My room is on the ground floor about 40 yards from a 25 meter swimming pool, so I get up and swim first thing in the morning.

I've really missed access to the internet. My work provider is down (or off or something). I hadn't put my home ISP software on my laptop, so I was flat out of luck. What I've really missed is being able to read Supreme Court opinions -- I can't get over how much the 'net access to these opinions has changed my life -- ten years ago I would be down at the Court to get slip opinions to read -- that was the only way until we got the paperback opinions in the library 2 to 3 weeks later (I didn't have Lexis or Westlaw access either). Since it's the end of term I have been motivated to go out and get some of that free trial software to install so I could read these things. Well, it's been a busy week as well. More later.

Hiatus. I believe I will be taking a hiatus from blogging through the period of Lent.

My Turn. Five minutes ago, my daughter handed me the book -- she's done reading it in less than 24 hours. I couldn't tell how much she liked it -- I know she doesn't want to spoil it for me. She may post a review here later.

Harry. We just got back from picking up Harry Potter and the Order of the Phoenix.

Half the church was at the Borders we were at. In fact one parent who indicated disapproval with the whole thing was dismayed to find it so popular. We got to the store about 8:30 and my daughter and her friends had a great time (from what I could tell). After awhile I couldn't locate them but finally found them all planted right in the middle of the occult section playing cards. They said they figured that kept people from browsing through those books and if anyone did, they made derisive comments.

Okay, so a passive-aggressive streak runs in my family -- I'm pleased with her.

Time to Stand Up. The June Virginia Communique is out with a message from our Bishop, Peter Lee, that sets forth some of the concerns with respect to the New Hampshire situation, yet fails to set forth a position. I have tremendous respect for Bishop Lee, although I frequently disagree with him. He is an attorney and was Phi Betta Kappa -- in short, he has a keen intellect.

In his message, he lays out the basic facts but does not indicate how he will stand. Please pray for Bishop Lee to stand faithful.

Astounding! I'm not planning on reading Hill's novel -- yet, this note on a very revealing admission caught my eye. If anything, Prof. John O. McGinnis is too kind to Hillary -- I can not believe she ever contemplated this.

Books. I just finished reading Josephine Tey's The Daughter of Time based on a recommendation from a friend. Next up will probably be Royal Blood: Richard III and the Mystery of the Princes by Bertram Fields (on the same subject). I'm also listening to The Devil in the White City: Murder, Magic, and Madness at the Fair That Changed America by Erik Larson with the audio book Holes by Louis Sachar on deck.

Friday night, I'll be taking my daughter and her friends from church to Borders so they can pick up Harry Potter and the Order of the Phoenix. I'm on the library's wait list for that one, although at nearly 900 pages (over 255,000 words), I don't know when I'll find the time. (I'm also on the wait list for the audio recording). The publishers have released a great teaser:

Dumbledore lowered his hands and surveyed Harry through his half-moon glasses. 'It is time,' he said 'for me to tell you what I should have told you five years ago, Harry. Please sit down. I am going to tell you everything.'

One last thing, before I forget -- if you haven't stopped by the Brothers Judd web site for their reviews and treasure trove of related links, you really are missing a treat. I stop by after nearly every book I finish to check on their thoughts -- it's amazing how much they've covered.