Shot a couple of installments of Uncommon Knowledgr today, and one of the guests was Jesse Choper, a professor of law at the University of California at Berkeley and one of the most richly credentialed liberals I’ve ever met–Choper not only clerked with Chief Justice Earl Warren, he’s now the Earl Warren Professor of Public Law. But when we were discussing recent Supreme Court cases after the shoot, Choper announced that he considered the Court’s Lawrence decision, the decision overturning the Texas sodomy law,a terrible mistake.
Choper cited Justice Thomas. “First Thomas said he considered the law ‘uncommonly silly,’ which was a quotation from Justice Stewart’s dissent in Griswold. Then Thomas said that if he’d been a member of the Texas legislature he’d have voted against it. And then he said that there was nothing in the Constitution that forbid such a law even so. Thomas’s position was honorable and correct.”
Choper, in other words, believes in conducting his fights in legislatures, not courts, and I can’t tell you how refreshing it was to discover that at least one such liberal still exists.