Libertarianism Reborn

The Supreme Court’s varying opinions in the Texas sodomy case struck me as a politically motivated jockeying between the conservative faction and one more attuned to Senatorial sentiment. Libertarian law professor Randy Barnett finds some actual jurisprudence in the Kennedy opinion: Contrary to what has been reported repeatedly in the press, the Court in Lawrence … Continue reading “Libertarianism Reborn”

The Supreme Court’s varying opinions in the Texas sodomy case struck me as a politically motivated jockeying between the conservative faction and one more attuned to Senatorial sentiment. Libertarian law professor Randy Barnett finds some actual jurisprudence in the Kennedy opinion:

Contrary to what has been reported repeatedly in the press, the Court in Lawrence did not protect a “right of privacy.” Rather, it protected “liberty” — and without showing that the particular liberty in question is somehow “fundamental.”

I have to admit that my first take was hasty, and Barnett’s puts the issues into a much more coherent perspective. If he’s right, Lawrence sets the stage for a radical new turn by the court, and a very good one at that.

Via Hit and Run and Instapundit.