I don’t agree on much with my old schoolmate Eric Rasmusen, a newcomer to the weblog craze; but we’re similarly disturbed over Lawrence v. Texas.
Scalia . . . probably would vote against the Texas sodomy law as a citizen. But as a judge, he is offended when other judges violate their oath of office and pretend the law says something it does not. That kind of behavior is serious, and calls for a serious response. If the President were to ignore the Constitution and say he was going to eliminate the Texas sodomy law, we would, I hope, impeach the President. Why, then, do we tolerate a Supreme Court doing clearly unconstitutional things?
Most, or at least much, of the world’s trouble can be blamed on the notion that governments ought to do every well-meaning thing that they can do. While I’m pleased (unlike Eric, I assume) at the immediate result, i.e. one bad law fewer, I don’t think it was any of the US judiciary’s business.
The increasing concentration of power is a disturbing trend, even – I might say especially – when it happens under the flag of a good cause. The power to overrule Texan sodomy policy is the power to overrule Californian marijuana policy.
Having said all that I suppose I ought to go read the decision. Who knows, I could even change my mind.