Lecture Notes 2_22_10

Lecture Notes 2_22_10 - 2/22/10 (Read for next week: Nickel...

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2/22/10 : pgs. 1-49, 193-221) 1) Lawrence v. Texas, continued a. O’Connor’s concurring opinion a.i. No rational basis (test?) for this kind of law-opposition a.ii. Out of discussion of privacy, instead focus on: b. Equal protection issue b.i. All persons have the right to be equally protected (different issue than Bowers) b.ii. Law allows for showing moral disapproval of this specific group of homosexuals b.iii. Texas law treated gays unequally (no due process) c. Scalia’s dissent: Regulation of morality and The slippery slope c.i. Emphasis that regulating morality is okay c.ii. Importance of judicial restraint c.ii.1. Looks like majority is legislating their own preferences c.ii.2. Focus on words/no filling in the blanks with own preferences c.ii.3. Not right for judges to do that c.ii.4. Can’t overturn precedent/disruptive/can’t just pick and chose what to overrule based on “disruptiveness”, HAVE to base on constitutionality c.iii. Majority dodges important question: IS there is a fundamental right to homosexual sodomy c.iii.1.
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This note was uploaded on 10/09/2011 for the course DOC 2 taught by Professor Wimberley during the Winter '08 term at UCSD.

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Lecture Notes 2_22_10 - 2/22/10 (Read for next week: Nickel...

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