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Sex lives of SCOTUS justices

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SL

Back in 2004, in the wake of Lawrence v. Texas, a recently out of the closet gay NYU law student asked Antonin Scalia a tough question at a semi-private forum where Scalia was discussing the decision.

Naturally in the hierarchically-obsessed world of legal academia this display of lese-majesty occasioned much outrage among the powers that be — which is to say it was an effective use of political theater to make a point about the intersection between the personal and political.

In any case, demands that judges not be “biased” remain largely incoherent and meaningless. Judges can’t avoid bias because bias is inherent to judging — a judge has to be biased toward some legal/political positions and against others simply to perform the act of judging. In other words, asking a judge not to be biased makes no more sense than asking a politician not to be “partisan.”

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