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Law Student Explains Provocative Question

By TChris, Section Civil Liberties
Posted on Mon Apr 18, 2005 at 09:12:28 PM EST
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by TChris

Is it out of bounds to ask a Supreme Court Justice about his private sexual conduct? Is it acceptable to ask the question of a Justice who supports governmental regulation of private, noncommercial, sexual activity between consenting adults? Without repeating the provocative question that NYU law student Eric Berndt posed to Justice Scalia during a Q&A session -- Justice Scalia didn't answer, and NYU turned off Berndt's microphone -- it's worth directing your attention here, to Berndt's explanation for his confrontational question.

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    Law Student Explains Provocative Question | 27 comments (27 topical)
    Re: Law Student Explains Provocative Question (none / 0) (#1)
    by Talkleft Visitor on Mon Apr 18, 2005 at 09:53:23 PM EST
    His rationale is as aberrant as his lewdness.

    Re: Law Student Explains Provocative Question (none / 0) (#2)
    by Talkleft Visitor on Mon Apr 18, 2005 at 09:59:51 PM EST
    Good for Eric Berndt. Scalia is the one guilty of obscene speech.

    Re: Law Student Explains Provocative Question (none / 0) (#3)
    by Al on Mon Apr 18, 2005 at 10:07:21 PM EST
    Wow. This guy is amazing.

    Re: Law Student Explains Provocative Question (none / 0) (#4)
    by roy on Mon Apr 18, 2005 at 10:59:51 PM EST
    ...a Justice who supports governmental regulation of private, noncommercial, sexual activity between consenting adults?
    "Supports"? Scalia said such regulation was Constitional. He didn't say he supported it.

    Re: Law Student Explains Provocative Question (none / 0) (#5)
    by Talkleft Visitor on Mon Apr 18, 2005 at 11:04:19 PM EST
    Question:
    Is it out of bounds to ask a Supreme Court Justice about his private sexual conduct?
    Answer:
    It should be clear that I intended to be offensive, obnoxious, and inflammatory.
    Re: Law Student Explains Provocative Question (none / 0) (#6)
    by Sailor on Mon Apr 18, 2005 at 11:17:31 PM EST
    Having read the transcripts, and Eric's explanation, I agree on almost all points with Eric. If the courts will allow the state to ask a citizen those questions, it is only proper that citizens can ask those questions of the court. I do have a small quibble (I almost said 'minor' quibble, but didn't want to confuse the issue;-), I'm straight, (not that there is anything wrong with that;-), but I have enjoyed sodomy many times. Giving and receiving. BTW, anton, if you can't lick 'em, join 'em.

    Re: Law Student Explains Provocative Question (none / 0) (#7)
    by Talkleft Visitor on Mon Apr 18, 2005 at 11:18:17 PM EST
    Scalia opened himself up to such affronts by being so vocal about his idea that orgies would be good social release, all the while conspiring with the traitorous hypocrisy of his fellow rightwing clowns. I salute the protester who defied this naked petit prince who has relished lewd public speechmaking himself. Scalia is a fatuous braggart, whose brain is in its own way as swollen and degenerate as poor Terri Schiavo's. Aristocrats have to get used to pies and tomatoes in the face. Monsters get pitchforks and torches, and there are a LOT of angy people whose voice of dissent and demand for their human rights and freedom has been ignored. This is the man who brags about studying the Constitution for ways to break it, and this is one of the five felon-justices who should have resigned rather than cross the line with Bush v. Gore. BECAUSE radical justices and judges like Scalia are busy harming the Republic they have made so-called 'radical' decision-making by 'liberal' justices the talking point. It is the same old Rovian 'Attack your enemy for doing what in fact you yourself are doing' method, part of the Victim Strategy that they follow to rhetorically cover their arses in the corporate press. So a gay cat who feels oppressed by Scalia becomes the talking point of Scalia-victim, and they continue fanning the flames of the fire they are trying to set under our surprisingly FLAME RETARDANT population. Out of the closet and in your face is not exactly a new strategy. It's part of what Jefferson meant when he warned about not allowing legal change. Stolen elections inherently CAUSE this kind of direct opposition. So the thieves and cowardly traitors blame the people who come looking for justice, and only finding 'Justices' -- a fake as $3 bills.ling

    Re: Law Student Explains Provocative Question (none / 0) (#8)
    by Talkleft Visitor on Mon Apr 18, 2005 at 11:45:32 PM EST
    They kill 100,000s of innocent people, in cold blood in front of the entire video world, and then they want to still set the moral basis. Loss of moral credibility and abdication of moral authority got together. It's hard work stealing elections, fomenting wars, and slaughtering civilians, and still pretending to be moral. And still pretending to the divine right of kings and popes to set morality. We'll have our rights back. And then all we need is a little justice. For Justices too, I regret to say. It would have been better if he had never been born, to quote the Bible Jesus they say they worship.

    Re: Law Student Explains Provocative Question (none / 0) (#9)
    by Talkleft Visitor on Tue Apr 19, 2005 at 06:10:28 AM EST
    Given that Scalia believes regulating bedroom behavior is constitutional (and therefore would support laws mandating same), questions about his own behavior in the bedroom are more than fair game.

    Re: Law Student Explains Provocative Question (none / 0) (#10)
    by Talkleft Visitor on Tue Apr 19, 2005 at 06:31:32 AM EST
    You can tell the guy is a law student and that he has a good legal mind. His argument in support of his question is solid. When sodomy is outlawed, only outlaws will enjoy sodomy. What side are you on, Antonin?

    Re: Law Student Explains Provocative Question (none / 0) (#11)
    by wishful on Tue Apr 19, 2005 at 06:59:44 AM EST
    Mr. Berndt's question posed to Justice Scalia is an example of a most elegant use of words. The mountain of meaning in so few words...bravo!

    Re: Law Student Explains Provocative Question (none / 0) (#12)
    by Talkleft Visitor on Tue Apr 19, 2005 at 07:07:02 AM EST
    If Antonin was truly offended by this question, he should simply resign and return to private life. I have no problem with such a question being asked of someone who supposedly works for me.

    Re: Law Student Explains Provocative Question (none / 0) (#13)
    by Che's Lounge on Tue Apr 19, 2005 at 07:10:46 AM EST
    That just made my day and it's only 7 AM!! Bravo!

    Re: Law Student Explains Provocative Question (none / 0) (#14)
    by pigwiggle on Tue Apr 19, 2005 at 07:41:06 AM EST
    solid

    Re: Law Student Explains Provocative Question (none / 0) (#15)
    by Talkleft Visitor on Tue Apr 19, 2005 at 07:50:29 AM EST
    Great Adam Cohen editorial from New York Times: http://tinyurl.com/9ddbz . He argues (successfully) that Scalia and other conservatives are as 'activist' and self-serving in Constitution as the the liberals they decry.

    Re: Law Student Explains Provocative Question (none / 0) (#16)
    by kdog on Tue Apr 19, 2005 at 08:37:37 AM EST
    Sodomy is as American as apple pie.

    Re: Law Student Explains Provocative Question (none / 0) (#17)
    by Joe Bob on Tue Apr 19, 2005 at 08:51:34 AM EST
    So what is the legitimate state interest in regulating sodomy? Scalia stated there is such a thing, so what is it?

    Re: Law Student Explains Provocative Question (none / 0) (#18)
    by Talkleft Visitor on Tue Apr 19, 2005 at 09:10:10 AM EST
    Mr. Bill, There is no equivalence between the implementation of more and more freedoms, eg Brown, by mainstream jurists and the wholesale destruction of the American way of government by rightwing theocrats like Scalia. This is not a question of "they're all activists." What the right is doing is a calculated radical transformation of a sort that the mainstream, liberals, and the left have never been capable of.

    Re: Law Student Explains Provocative Question (none / 0) (#19)
    by Dadler on Tue Apr 19, 2005 at 09:11:57 AM EST
    Asking these kinds of questions to unelected kings of the american judiciary is required of freedom. Offending those in power by provoking them with their own hypocrisies, or asking discomforting questions, without fear of resprisal, is what is supposed to make America different. Scalia is a prejudiced, petty, dishonest little man who NEVER practices any form of self-criticism. He's a classic finger- pointer. Everyone in the country is the problem EXCEPT HIM. He's a child. Change your diapers, Antonin. This is free America. If you can't stand the free heat, get out of the democratic kitchen and head for a totalitarian state where you wouldn't have to be bothered by Americans actually practicing their intellectual freedom.

    Re: Law Student Explains Provocative Question (none / 0) (#20)
    by pigwiggle on Tue Apr 19, 2005 at 11:02:54 AM EST
    “What the right is doing is a calculated radical transformation of a sort that the mainstream, liberals, and the left have never been capable of.” Forget wholesale congressional thugery via court packing, the new deal, the federal juggernaut. I know, your team rules theirs drools.

    Re: Law Student Explains Provocative Question (none / 0) (#21)
    by Talkleft Visitor on Tue Apr 19, 2005 at 03:16:20 PM EST
    Kudos to Eric Berndt.

    Re: Law Student Explains Provocative Question (none / 0) (#22)
    by Dadler on Tue Apr 19, 2005 at 03:27:32 PM EST
    oh, and his silence speaks volumes, doesn't it. scalia the sodomite. hell, with all those kids, he had to practice SOME kind of birth control. sorry, that was out of line. barely. we're talking antonin the great, after all.

    Re: Law Student Explains Provocative Question (none / 0) (#23)
    by demohypocrates on Tue Apr 19, 2005 at 07:58:02 PM EST
    A Supreme Court Justice to decide a case of sexual lewdness means he has to answer questions about his bedroom behavior. Make that case. Fail, Lefties as you have done so well, and then stop talking about your loveley. over-stimulated Prez you called Clinton.

    Re: Law Student Explains Provocative Question (none / 0) (#24)
    by Johnny on Tue Apr 19, 2005 at 08:59:10 PM EST
    Demohypocrates, clarify that statement for me. I fail to see the link between a SCOTUS Justice trying to tell you what you can and cannot do, and POTUS not telling us what HE did...

    Re: Law Student Explains Provocative Question (none / 0) (#25)
    by Sailor on Wed Apr 20, 2005 at 09:17:27 AM EST
    C'mon Johnny, don't feed the trolls.

    Re: Law Student Explains Provocative Question (none / 0) (#26)
    by Talkleft Visitor on Wed Apr 20, 2005 at 07:10:26 PM EST
    All I can say is good for him. This statement resonates most with me: " The idea that I should have treated a man with such repugnant views with deference because he is a high government official evinces either a dangerously un-American acceptance of authority...".

    Re: Law Student Explains Provocative Question (none / 0) (#27)
    by cp on Wed Apr 20, 2005 at 08:42:56 PM EST
    justice scalia has opened this particular door many, many times. he has no standing to complain when someone walks in on him. good for mr. berndt. i would call that civil disobedience of the highest, and most honorable order. i'm with joe bob, exactly what is the state's interest in regulating sodomy between consenting adults? of course, i'm still waiting for a good, secular answer to the question of the state's interest in restricting marriage to only heterosexual couples.

    Law Student Explains Provocative Question | 27 comments (27 topical)