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From: mat@mtx5a.UUCP (m.terribile)
Newsgroups: net.legal,net.singles,net.social,net.women,net.motss
Subject: Re: Re: Supreme Court Ruling on Sodomy
Message-ID: <1453@mtx5a.UUCP>
Date: Tue, 5-Aug-86 20:23:58 EDT
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Posted: Tue Aug  5 20:23:58 1986
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> > The charges against
> > them involving sodomy were DROPPED before they ever got to the police
> > station.... They took the case to court anyway.  The basis for the swing
> > vote on the Supreme Court (I don't remember which judge) was that the 
> > law has never been and will never be prosecuted.
> 
> Thank you, now I understand.  Because the law was not prosecuted the 
> S.C. says it is NOT unconstitutional.  If the law had been prosecuted
> then the law WOULD have been unconstitutional.  Makes perfect sense,
> thanks for clearing it up.

Bull.  The Court did not find that the law is constitutional; it found that
the challenge was insufficient to declare the law unconstitutional on.

The Supreme Court is not an expert witness; the Constition is not an
encyclopedia.  Both involve processes, not simply facts and opinions.
-- 

	from Mole End			Mark Terribile
		(scrape .. dig )	mtx5b!mat
					(Please mail to mtx5b!mat, NOT mtx5a!
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