Friday, April 15, 2005

Bold question

The Q-and-A opened with hostility as audience members expressed frustration with many of Scalia's opinions. In asking about Scalia's dissent in Lawrence v. Texas
and his view that privacy is not constitutionally protected, Eric Berndt, a law student, shocked the crowd by asking, "Do you sodomize your wife?" Scalia
refused to answer the question while the crowd gasped and the administrators
promptly turned off Berndt's microphone.
Whole thing here.

Does anyone know what Scalia said in his dissent?

15 comments:

Dan said...

This guy makes a pretty strong case as to why anyone who doesn't consider homsexuality a sin worthy of legislation should be pissed at Nino:
http://volokh.com/posts/1113585884.shtml#1966

Dan said...

In all fairness, you gotta give Nino and the rest of the gang credit for this one:
http://supct.law.cornell.edu/supct/html/99-8508.ZO.html

Jeff said...

Now, all of you who know me know that I support the Lawrence decision. I am strongly opposed to any law that tells people what they can and cannot do sexually in their own private room.


However, I think those NYU students went overboard. First of all, that question is simply absurd. This is probably the one chance that kid will get to ask a question for a Supreme Court Justice, and that's what he asks?

Also, there were good arguments against Lawrence. My memory may not be perfect, but I believe this was the argument of Clarence Thomas when he dissented: He argued that the anti-sodomy law was wrong but that the federal Supreme Court had no jurisdiction over Texas there. It was a states rights issue. I think that's a legitimate argument that one could make. This is similar to Libertarians that are pro-choice, but anti- roe v wade because they don't think it is within federal jurisdiction.

matt said...

Yeah it was a rude and inappropriate quesiton, but I mean, come on, its funny. I mean that has got to go down as one of the greatest pranks ever. Nobody'sBusiness has a good take on it:
http://nobodysbusiness.typepad.com/nobodys_business/

Dan said...

It was a rude question, but it's a rude law. It was intended to make Scalia uncomfortable.

The point of it was that if the state has a right to know if individiduals are engaged in sodemy (which is implied in any dissent to Lawrence), than certainly an individual has a right to know if other individuals are doing it.

If you don't like the question, you can't like anti-sodemy laws.

Anonymous said...

It was a great question for such a rule, the High Court should not be able to rule in such cases. It should be a state right to have state laws.

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