26 March 2003

Great exchange from the sodomy case today (Dahlia please have your baby soon and start writing about these things again):

"You say there is 200 years of history (underpinning morality laws like this one) ... so there was a law on the books in 1803," criminalizing homosexual sodomy? asked Justice David Souter.

"I don't think that Texas was a state in 1803," said Rosenthal, looking apprehensive.

"It's a trick question, Mr. Rosenthal. Don't fall into that trap," said Scalia.

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