Re: Lawrence vs. Glucksberg

[Mark Graber]

Let me suggestion a modification of this, a modification that fits Griswold and Roe fairly well (probably not perfectly).  We do not quite have aberrant states here.  Rather, what we largely have is an unwritten deal.  Social conservatives get a law on the book, social liberals get freedom of action as long as they do not flaunt legal violations (and frequently even this is allowed).  The court doesn't like the practices, which have real problems with respect to rule of law.  If the odds of being punished are about like being hit be lightning (the reference to Furman is intentional), the law may be struck down.   Mark A. Graber >>> [EMAIL PROTECTED] 06/26/03 03:30PM >>> Isn't it obvious? The Court is doing what it has long done, acting as Posnerian "wise elders" squarely within the mainstream of American elite opinion, imposing this vision on aberrant states. Scot Powe pretty persuasively explains most Warren Court holdings on this basis.  Only Powell's unexpected temporary brain lock and lapse from such elite opinion made it take this long. I wouldn't expect much sequelae from this case, any more than from Bush v. Gore. Frank Cross Herbert D. Kelleher Centennial Professor of Business Law CBA 5.202 University of Texas at Austin Austin, TX 78712