Gays, Abortion Posters, and More: The biggest end of the year decision is a 6-3 vote that broadly (Justice O'Connor voted in a more narrow fashion, but that still left five) struck down the Texas homosexual sodomy law in such a way that conssensual sex of both sexes was broadly protected. I discuss the opinion here. The opinion basically rights the ship by recognizing past privacy cases that protected heterosexuals (doing so in such a way that strenghtens the implications of such cases on the right in matters of heterosexual sex in general) also covers homosexuals. It skims through the history of sodomy to do so (the briefs fleshes it out some more) and honors past privacy cases in broad strokes. The opinion, oral argument, and many interesting briefs for Lawrence v. Texas can be found here [end of March, 2003].

Seventeen years ago, Justice Blackmun ended his dissent of Bowers v Hardwick, overturned by this decision, thusly: "I can only hope that here, too, the Court soon will reconsider its analysis and conclude that depriving individuals of the right to choose for themselves how to conduct their intimate relationships poses a far greater threat to the values most deeply rooted in our Nation's history than tolerance of nonconformity could ever do. Because I think the Court today betrays those values, I dissent." He has passed on, but his voice rings out in Justice Kennedy's decision. At its heart, is an equalitarian vision of one's right to choose one's personal moral path, which is in my view at the heart of liberty.

A more distressing case which I discussed here involves severe limits on prisoners who wish to visit with family and friends. I discuss a NY Court of Appeals ruling that holds that the state is not truly offerring "sound education" to New York City students as the state constitution demands over here, including the core aspects of necessary educational reform. The Supreme Court did not accept an important abortion protest case involving "wanted posters" deemed to be criminal threats. I have mixed feelings about the troubling case, which I write about here. It is a bit surprising that no one dissented from the denial.

Finally, the Supreme Court decided 5-4 that California could not extend its statute of limitations for child molestation without breaching the Ex Post Facto Clause. The opinions are interesting and to a degree amusing to read, but the principle is quite important. I particularly would note that the alternative is extending the statute of limitations potentially decades with all the problems old evidence, witnesses who most recall events long ago, and so forth. Murder has no statute of limitations for a reason ... such limits are an important value and policy judgment that changes the calculus when the crime is tried. It is an inherent part of the punishment and logically falls under the clause.

Sports: The Mets just lost their fifth of six games against the Yankees. Yesterday, they lost 6-4, when Seo decided it was time to have a bad outing (five runs in the first two innings). Today was worse. First, the Mets rookie who did fairly well before the rainout last weekend (called right when the Mets were rallying), did bad, while the rookie long guy did fairly well after it was too late. Clemens pitched eight in the 7-1 game. The nightcap had Glavine vs the Yankee rookie. He did fine ... Glavine was out in the fifth, after giving up six runs. I shut it off when it was 7-0 ... the Mets rallied to 9-8 in the eighth (it was 9-4), and that even after Mariano came in to get some work. Alas (or of course), the final 3 RBIs (with one out) came on a play that ended with an out when the batter tried to stretch it into a triple. Okay ... they still had four outs, right? Easy ones.

Justice or probability warrants at least one win out of five or even one great comeback in say a month, two months even. Didn't happen. Like the sacrifice bunt that made it 4-0 by stopping an inch or so before becoming foul, yet again, is it really just them? Now, it's Weaver (obligatory mentally suspect Yankee fifth starter) v. Leiter tonight ... as was the case Saturday night, one might think the Mets are favored. After all, chances are even a bad team will take one out of three, split a day/night doubleheader, or win when it's rookie v. veteran. Well, the Mets was swept in all of its doubleheaders, didn't reap the match-ups today, so why not get swept in its six games? Weaver is due to have a good outing yet, right? Sigh ... mediocre is bad ... but the Mets are one step below that these days.