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Showing posts with label David Savage. Show all posts
Showing posts with label David Savage. Show all posts

Sunday, December 9, 2012

"Justice Antonin Scalia believes the law can and should enforce moral standards," says David Savage, incorrectly.

In the L.A. Times. Why is it so hard to read Scalia's Lawrence v. Texas dissent? Experts — purported experts — like Savage, insist on seeing something that Scalia directly tells us he is not saying. He says laws may rest on morality, not that they should:
Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means. Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best.... I would no more require a State to criminalize homosexual acts – or, for that matter, display any moral disapprobation of them – than I would forbid it to do so....
And by the way, Scalia has already committed to the proposition that Lawrence dictates the end of the exclusion of gay couples from legal marriage:
If moral disapprobation of homosexual conduct is “no legitimate state interest” for purposes of proscribing that conduct, and if, as the Court coos (casting aside all pretense of neutrality), “[w]hen sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring,” what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising “[t]he liberty protected by the Constitution”? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry. 
The majority had claimed that Lawrence did not "involve” the issue of gay marriage, and Scalia said that could only make sense if you think "principle and logic have nothing to do with the decisions of this Court." (Of course, Scalia dissented in Lawrence and may decline to adhere to it, but it won't be because he thinks laws should enforce morality. It will be because he thinks courts should not strike down laws simply because there is no support for them other than morality.)

ADDED: Another post about Scalia, law, and morality, and I rather laboriously spell out some legal distinctions in the comments, here.

Saturday, April 10, 2010

"Stevens spoke little about his family's ordeal, but it surely helped inspire a lifelong faith in the fairness of judges and the courts."

David Savage tells the fascinating story of Justice Stevens' boyhood:
He was born in 1920, the youngest of four boys in a wealthy family. When he was 7, his father opened the 28-story Stevens Hotel on Michigan Avenue (now the Hilton Chicago), overlooking the lake.

It was said to be the largest hotel in the world, and the young boy met the traveling celebrities of the era, including aviators Charles Lindbergh, who gave young John a dove, and Amelia Earhart, who advised him he should be in bed because it was a school night. A fan of the hometown Cubs, he watched at Wrigley Field as Babe Ruth pointed his bat at the outfield bleachers and hit the next pitch there during the 1932 World Series.

But by then, his family's prospects had darkened with the Great Depression. The stock market had crashed two years after the Stevens Hotel had opened, and the ensuing business collapse emptied most of its rooms. After the hotel was driven into bankruptcy, Stevens' father, uncle and grandfather were accused of having embezzled more than $1 million from the family-run life insurance company to prop up the failing hotel.

His grandfather suffered a stroke, and his uncle committed suicide. Left to stand trial alone, Stevens' father was convicted and faced a long prison term. A year later, however, the Illinois Supreme Court unanimously overturned the conviction and said that transferring money from one family business to another did not amount to embezzlement.