States' occasional rights
Judge Antonin Scalia has been ridiculing the SCOTUS' ltest ruling with regards to sodomy laws. What struck me was this:
The ruling, Scalia said, "held to be a constitutional right what had been a criminal offense at the time of the founding and for nearly 200 years thereafter."
I don't buy this - laws change and our conceptions of what is legal and right also change. The most obvious that comes to mind is slavery. If there were ever a good reason to block Bush's judicial appointments at all levels, this sort of ridiculous behavior exemplifies it. We don't need more idiots like Scalia on any court.
Update: Brad DeLong spears this far more elegantly than I.