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Reason
Reason
Politics
Josh Blackman

Justice Stevens's Papers Reveal How The Fortune Cookies Were Baked In Lawrence v. Texas

So far, I have not been blown away by the revelations from Justice Stevens's papers. Maybe my expectations were too high. In one sense, the earlier drafts are something like legislative history history, and do not represent the full opinion of the Court. But more precisely, Stevens did not have all of the memos that explain why certain changes were made. I suppose those records may be found with Justice Kennedy's papers.

In any event, the latest story from Joan Biskupic and Devan Cole includes a few worthwhile revelations about Lawrence v. Texas.

First, believe it or not, Justice Kennedy's draft opinion had even more cringeworthy rhetoric. And the Court's progressives objected!

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