Tuesday, June 29, 2004

Bounce Back

High Court Upholds Block of Web Porn Law

After yesterday's repudiation of the Bush Administration's "because we said so" theory of jurisprudence, I owe the Supremes an apology. Despite the Cheney fiasco, which could yet turn out for the best, this was an OK term. Yesterday's decisions will probably be the ones that make it into the textbooks, after all. And not ruling on the merits of the pledge is a lot different from upholding it.

Today's porn ruling, though, raises one of the funnier spectres of the year. If you've got a 5-4 vote in favor of a civil liberty, you expect the votes of Stevens and Souter and Ginsburg, with Kennedy as the swing vote. But you also expect Stephen Breyer to be among the five on the liberal side of the decision. Today's unlikely fivesome instead includes none other than Clarence Thomas. Why am I not surprised that Justice Thomas favors unbridled access to pornography?

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