Over at The Corner, Ramesh remarks on a TNR piece by Jeffrey Rosen, who takes the resignation of Eliot Spitzer as a sign that, contrary to the predictions of Justice Antonin Scalia in Lawrence v. Texas (2003), “[m]orals legislation is alive and well.” I agree with everything Ramesh says about how Rosen has misstated the point Justice Scalia was trying to make. But I would add that Rosen makes the categorical error of supposing that the resignation of a public official, a form of “old-fashioned shaming punishment,” in Rosen’s own words, has anything to do with the future survival, as a legal or constitutional matter, of criminal laws against “victimless” moral offenses.