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	<title>Comments on: Idaho Couple Faces Life in Prison for Incest</title>
	<atom:link href="http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/feed/" rel="self" type="application/rss+xml" />
	<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/</link>
	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
	<lastBuildDate>Sat, 21 Nov 2009 19:51:56 +0000</lastBuildDate>
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		<title>By: Douger</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-67145</link>
		<dc:creator>Douger</dc:creator>
		<pubDate>Sun, 12 Jul 2009 14:50:59 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-67145</guid>
		<description>I think they should be allowed to marry and give birth to a future president equally as dumb as Bush. Probably not as &quot; evil&quot; but hey. Ya can&#039;t have it all.</description>
		<content:encoded><![CDATA[<p>I think they should be allowed to marry and give birth to a future president equally as dumb as Bush. Probably not as &#8221; evil&#8221; but hey. Ya can&#8217;t have it all.</p>
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		<title>By: Anonymously Yours</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65953</link>
		<dc:creator>Anonymously Yours</dc:creator>
		<pubDate>Tue, 07 Jul 2009 13:37:27 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65953</guid>
		<description>WayneJarvis,

As for the “public policy” against incest, . . . .

Incest is illegal because the public thinks it’s icky (like the public found homosexuality icky not too long ago).
*************************************

some people might still disagree with you.</description>
		<content:encoded><![CDATA[<p>WayneJarvis,</p>
<p>As for the “public policy” against incest, . . . .</p>
<p>Incest is illegal because the public thinks it’s icky (like the public found homosexuality icky not too long ago).<br />
*************************************</p>
<p>some people might still disagree with you.</p>
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		<title>By: WayneJarvis</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65951</link>
		<dc:creator>WayneJarvis</dc:creator>
		<pubDate>Tue, 07 Jul 2009 13:32:48 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65951</guid>
		<description>As for the &quot;public policy&quot; against incest, the same public policy would apply to women over the age of 35 having children, when birth defects and incidents of Downs Syndrome skyrocket. 

Nevertheless, there is not (and should not be) a movement to prohibit women over 35 from having children.  

Incest is illegal because the public thinks it&#039;s icky (like the public found homosexuality icky not too long ago).</description>
		<content:encoded><![CDATA[<p>As for the &#8220;public policy&#8221; against incest, the same public policy would apply to women over the age of 35 having children, when birth defects and incidents of Downs Syndrome skyrocket. </p>
<p>Nevertheless, there is not (and should not be) a movement to prohibit women over 35 from having children.  </p>
<p>Incest is illegal because the public thinks it&#8217;s icky (like the public found homosexuality icky not too long ago).</p>
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		<title>By: marie</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65878</link>
		<dc:creator>marie</dc:creator>
		<pubDate>Tue, 07 Jul 2009 02:34:19 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65878</guid>
		<description>I&#039;m glad I don&#039;t live in Idaho.  I wouldn&#039;t want any of the money I pay in taxes going to keep these people locked up for life for this nonsense.</description>
		<content:encoded><![CDATA[<p>I&#8217;m glad I don&#8217;t live in Idaho.  I wouldn&#8217;t want any of the money I pay in taxes going to keep these people locked up for life for this nonsense.</p>
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		<title>By: Jim Byrne</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65868</link>
		<dc:creator>Jim Byrne</dc:creator>
		<pubDate>Tue, 07 Jul 2009 02:13:01 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65868</guid>
		<description>The &quot;right to life crowd&quot; has no problem with abstinence, which, in this case, the law promotes.

I think these laws are derived from a legitimate government interest and would likely withstand review.</description>
		<content:encoded><![CDATA[<p>The &#8220;right to life crowd&#8221; has no problem with abstinence, which, in this case, the law promotes.</p>
<p>I think these laws are derived from a legitimate government interest and would likely withstand review.</p>
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		<title>By: Ken in Tucson</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65839</link>
		<dc:creator>Ken in Tucson</dc:creator>
		<pubDate>Mon, 06 Jul 2009 23:44:21 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65839</guid>
		<description>I&#039;m not sure the government has any business determining which consenting adults can get married and which cannot, but I&#039;m definitely sure that it has no business getting between people involved in consensual sexual acts. I can&#039;t imagine ever wanting to have sex with my sister, but I don&#039;t get to force other folks to live by my likes and dislikes.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure the government has any business determining which consenting adults can get married and which cannot, but I&#8217;m definitely sure that it has no business getting between people involved in consensual sexual acts. I can&#8217;t imagine ever wanting to have sex with my sister, but I don&#8217;t get to force other folks to live by my likes and dislikes.</p>
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		<title>By: Former Federal LEO</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65837</link>
		<dc:creator>Former Federal LEO</dc:creator>
		<pubDate>Mon, 06 Jul 2009 23:38:08 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65837</guid>
		<description>The govmit has no business getting involved with these consenting adults.

I had to look closer at the photos because initially I thought the she on the right was a he.  Look at the neck on that gal...must be a female &quot;wait&quot; lifter...</description>
		<content:encoded><![CDATA[<p>The govmit has no business getting involved with these consenting adults.</p>
<p>I had to look closer at the photos because initially I thought the she on the right was a he.  Look at the neck on that gal&#8230;must be a female &#8220;wait&#8221; lifter&#8230;</p>
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		<title>By: Buddha Is Laughing</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65834</link>
		<dc:creator>Buddha Is Laughing</dc:creator>
		<pubDate>Mon, 06 Jul 2009 23:27:16 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65834</guid>
		<description>While at the ball game this past weekend, I saw a young boy who was wearing a T-shirt appropriate for this situation:

PADDLE FASTER!  I hear banjos.</description>
		<content:encoded><![CDATA[<p>While at the ball game this past weekend, I saw a young boy who was wearing a T-shirt appropriate for this situation:</p>
<p>PADDLE FASTER!  I hear banjos.</p>
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		<title>By: rafflaw</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65833</link>
		<dc:creator>rafflaw</dc:creator>
		<pubDate>Mon, 06 Jul 2009 23:25:04 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65833</guid>
		<description>&quot;I don&#039;t know if it is incest, but I will know it when I see it&quot;. 
Mike S.,
That is an interesting question about the moral dilemma for the Right to Life crowd.  I would think that they should have a problem with it, but many of them are also pro-Death penalty, so your guess is as good as mine.</description>
		<content:encoded><![CDATA[<p>&#8220;I don&#8217;t know if it is incest, but I will know it when I see it&#8221;.<br />
Mike S.,<br />
That is an interesting question about the moral dilemma for the Right to Life crowd.  I would think that they should have a problem with it, but many of them are also pro-Death penalty, so your guess is as good as mine.</p>
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		<title>By: Indentured Servant</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65820</link>
		<dc:creator>Indentured Servant</dc:creator>
		<pubDate>Mon, 06 Jul 2009 22:35:48 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65820</guid>
		<description>iconoclast:

&quot;the Victorian — was one in which consanguineal marriages in the second degree (i.e., first cousins) was perfectly legal and widely accepted, especially in bourgeois circles.&quot;

isnt European nobility a case against that?  Look at poor Prince Charles.  As inbred as a Golden Retriever.

Junk yard dogs are the best.  New blood always improves the herd.</description>
		<content:encoded><![CDATA[<p>iconoclast:</p>
<p>&#8220;the Victorian — was one in which consanguineal marriages in the second degree (i.e., first cousins) was perfectly legal and widely accepted, especially in bourgeois circles.&#8221;</p>
<p>isnt European nobility a case against that?  Look at poor Prince Charles.  As inbred as a Golden Retriever.</p>
<p>Junk yard dogs are the best.  New blood always improves the herd.</p>
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		<title>By: Bob,Esq.</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65799</link>
		<dc:creator>Bob,Esq.</dc:creator>
		<pubDate>Mon, 06 Jul 2009 21:04:58 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65799</guid>
		<description>This is more of an 8th Amendment case than a privacy issue.</description>
		<content:encoded><![CDATA[<p>This is more of an 8th Amendment case than a privacy issue.</p>
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		<title>By: iconoclast</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65792</link>
		<dc:creator>iconoclast</dc:creator>
		<pubDate>Mon, 06 Jul 2009 19:55:11 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65792</guid>
		<description>Funnily enough, the era that set the standard for modern, conservative sexual morality -- the Victorian -- was one in which consanguineal marriages in the second degree (i.e., first cousins) was perfectly legal and widely accepted, especially in bourgeois circles.</description>
		<content:encoded><![CDATA[<p>Funnily enough, the era that set the standard for modern, conservative sexual morality &#8212; the Victorian &#8212; was one in which consanguineal marriages in the second degree (i.e., first cousins) was perfectly legal and widely accepted, especially in bourgeois circles.</p>
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		<title>By: Alan</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65761</link>
		<dc:creator>Alan</dc:creator>
		<pubDate>Mon, 06 Jul 2009 17:45:36 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65761</guid>
		<description>If the mug shots are admissible evidence, they will be put away for life.</description>
		<content:encoded><![CDATA[<p>If the mug shots are admissible evidence, they will be put away for life.</p>
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		<title>By: Mike Spindell</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65752</link>
		<dc:creator>Mike Spindell</dc:creator>
		<pubDate>Mon, 06 Jul 2009 16:22:44 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65752</guid>
		<description>Thinking about the genetic abnormalities reasoning isn&#039;t this counter to the anti-abortion movement&#039;s belief. After all a child produced by this union would be a child of God and therefore shouldn&#039;t be prevented for any reason. Remember the RCC excommunication a month or so back of the Doctor who had aborted the child of an incestuous rape of an 11 year old?</description>
		<content:encoded><![CDATA[<p>Thinking about the genetic abnormalities reasoning isn&#8217;t this counter to the anti-abortion movement&#8217;s belief. After all a child produced by this union would be a child of God and therefore shouldn&#8217;t be prevented for any reason. Remember the RCC excommunication a month or so back of the Doctor who had aborted the child of an incestuous rape of an 11 year old?</p>
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		<title>By: C.L.</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65750</link>
		<dc:creator>C.L.</dc:creator>
		<pubDate>Mon, 06 Jul 2009 16:13:41 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65750</guid>
		<description>When I was getting married in Arizona two years ago, I think I remember reading a statement in a booklet on the ability to obtain a marriage license, that said that if you are marrying a blood relative, a cousin or closer, you are required to show that one of the two people are permanently and certainly unable to conceive or something.</description>
		<content:encoded><![CDATA[<p>When I was getting married in Arizona two years ago, I think I remember reading a statement in a booklet on the ability to obtain a marriage license, that said that if you are marrying a blood relative, a cousin or closer, you are required to show that one of the two people are permanently and certainly unable to conceive or something.</p>
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		<title>By: Jim Byrne</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65747</link>
		<dc:creator>Jim Byrne</dc:creator>
		<pubDate>Mon, 06 Jul 2009 15:56:13 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65747</guid>
		<description>Will they spend their lives on the sex offender registry?</description>
		<content:encoded><![CDATA[<p>Will they spend their lives on the sex offender registry?</p>
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		<title>By: jlundell</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65738</link>
		<dc:creator>jlundell</dc:creator>
		<pubDate>Mon, 06 Jul 2009 15:27:30 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65738</guid>
		<description>The public policy argument, based on genetic abnormalities, is troublesome as well, if consistently applied, since it would criminalize sexual relations between any two people whose offspring would be at least as likely as, say, half-siblings, to result in &quot;genetic abnormalities&quot;. Perhaps any fertile couple over 50?</description>
		<content:encoded><![CDATA[<p>The public policy argument, based on genetic abnormalities, is troublesome as well, if consistently applied, since it would criminalize sexual relations between any two people whose offspring would be at least as likely as, say, half-siblings, to result in &#8220;genetic abnormalities&#8221;. Perhaps any fertile couple over 50?</p>
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		<title>By: whooliebacon</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65736</link>
		<dc:creator>whooliebacon</dc:creator>
		<pubDate>Mon, 06 Jul 2009 15:25:35 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65736</guid>
		<description>That Reed is a prior sex offender is probably heavily involved in this decision.  Given that sex offenders are considered by law enforcement as criminals for life, even after serving their time for that crime, sex offender&#039;s rules of engagement with society are constantly watched and scrutinized.  Reed has more worries than just Dudley Do Right from bible land.</description>
		<content:encoded><![CDATA[<p>That Reed is a prior sex offender is probably heavily involved in this decision.  Given that sex offenders are considered by law enforcement as criminals for life, even after serving their time for that crime, sex offender&#8217;s rules of engagement with society are constantly watched and scrutinized.  Reed has more worries than just Dudley Do Right from bible land.</p>
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		<title>By: Anonymously Yours</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65730</link>
		<dc:creator>Anonymously Yours</dc:creator>
		<pubDate>Mon, 06 Jul 2009 15:08:56 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65730</guid>
		<description>I could make a bad joke or it may be a truth, send em to Arkansas or where ever Foxworthy can make a dime out of it, but for all of our sakes the Government should not be involved in this case. They are half&#039;s not so good for any children but they are consenting adults, save any mental or psychological abnormality. 

Too much Dang government intrusion in one&#039;s life. Where the guy that wanted the Turkey as the National bird? 

As far as Souter and how the nonimee would vote, this one is clearly a current Majority Opinion. They know the result they want it is just a matter of how do we get there.</description>
		<content:encoded><![CDATA[<p>I could make a bad joke or it may be a truth, send em to Arkansas or where ever Foxworthy can make a dime out of it, but for all of our sakes the Government should not be involved in this case. They are half&#8217;s not so good for any children but they are consenting adults, save any mental or psychological abnormality. </p>
<p>Too much Dang government intrusion in one&#8217;s life. Where the guy that wanted the Turkey as the National bird? </p>
<p>As far as Souter and how the nonimee would vote, this one is clearly a current Majority Opinion. They know the result they want it is just a matter of how do we get there.</p>
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		<title>By: Dredd</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65718</link>
		<dc:creator>Dredd</dc:creator>
		<pubDate>Mon, 06 Jul 2009 14:29:38 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65718</guid>
		<description>P.S.

If neither one of them turns on the other via plea-bargain dynamics, safe-sex could become an issue, and the foundational facts would have intense focus.

The only eye witnesses are the accused, and they do not have to testify.

So wouldn&#039;t the prosecutor have to prove no condoms or other preventive measures to prevent pregnancy were used?

Like in an STD sex prosecution where a person with an STD was accused of infecting a sex partner?

Or is this simply a moral prosecution from the skin-head state?</description>
		<content:encoded><![CDATA[<p>P.S.</p>
<p>If neither one of them turns on the other via plea-bargain dynamics, safe-sex could become an issue, and the foundational facts would have intense focus.</p>
<p>The only eye witnesses are the accused, and they do not have to testify.</p>
<p>So wouldn&#8217;t the prosecutor have to prove no condoms or other preventive measures to prevent pregnancy were used?</p>
<p>Like in an STD sex prosecution where a person with an STD was accused of infecting a sex partner?</p>
<p>Or is this simply a moral prosecution from the skin-head state?</p>
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		<title>By: Mike Spindell</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65716</link>
		<dc:creator>Mike Spindell</dc:creator>
		<pubDate>Mon, 06 Jul 2009 14:27:35 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65716</guid>
		<description>Whenever government tries to legislate the sexual morality of consenting adults it produces terrible results. Never having had a sister I have no idea of what feelings may or may not be involved in the relationship, but it really isn&#039;t my business, or society&#039;s as to what those feelings are. The scientific arguments regarding possible children of such unions are smokescreens for the underlying imposition of religious morality into consensual adult sex. I&#039;ve always found the religious moralists focus on sex as the one sin to be ruthlessly prosecuted to be an example of moral hypocrisy. Jesus did make many statements on other issues, but those preachings would have run counter to &quot;the powers that be,&quot; so are ignored while sex is focused on. Curiously, the one aspect of human relationships that Jesus focused on specifically was his opposition to divorce. It is curious that Fundamentalists who are so quick to try to legislate sexual morality, have among the highest divorce rates in the country.

I still remember the case in Kansas in the very early 60&#039;s that Playboy publicized, where a Rock and Roll Deejay was sentenced to six years in jail for performing cunnilingus on his girlfriend as the police conveniently busted in to catch him in the act. Remember that back then in many venues Rock and Roll was considered the &quot;Devil&#039;s Music.&quot; Funny, how popular Elvis remains in the &quot;Bible Belt.&quot;</description>
		<content:encoded><![CDATA[<p>Whenever government tries to legislate the sexual morality of consenting adults it produces terrible results. Never having had a sister I have no idea of what feelings may or may not be involved in the relationship, but it really isn&#8217;t my business, or society&#8217;s as to what those feelings are. The scientific arguments regarding possible children of such unions are smokescreens for the underlying imposition of religious morality into consensual adult sex. I&#8217;ve always found the religious moralists focus on sex as the one sin to be ruthlessly prosecuted to be an example of moral hypocrisy. Jesus did make many statements on other issues, but those preachings would have run counter to &#8220;the powers that be,&#8221; so are ignored while sex is focused on. Curiously, the one aspect of human relationships that Jesus focused on specifically was his opposition to divorce. It is curious that Fundamentalists who are so quick to try to legislate sexual morality, have among the highest divorce rates in the country.</p>
<p>I still remember the case in Kansas in the very early 60&#8217;s that Playboy publicized, where a Rock and Roll Deejay was sentenced to six years in jail for performing cunnilingus on his girlfriend as the police conveniently busted in to catch him in the act. Remember that back then in many venues Rock and Roll was considered the &#8220;Devil&#8217;s Music.&#8221; Funny, how popular Elvis remains in the &#8220;Bible Belt.&#8221;</p>
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		<title>By: Dredd</title>
		<link>http://jonathanturley.org/2009/07/06/idaho-couple-faces-life-in-prison-for-incest/#comment-65712</link>
		<dc:creator>Dredd</dc:creator>
		<pubDate>Mon, 06 Jul 2009 14:17:23 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=12537#comment-65712</guid>
		<description>Like Lawrence v Texas 539 U.S. 558 (2003) for starters. Government in the bedroom where adults are doing consensual endeavours has a direction away from the direction Idaho is going.

Will Sotomayer vote as Souter would have if it goes that far?</description>
		<content:encoded><![CDATA[<p>Like Lawrence v Texas 539 U.S. 558 (2003) for starters. Government in the bedroom where adults are doing consensual endeavours has a direction away from the direction Idaho is going.</p>
<p>Will Sotomayer vote as Souter would have if it goes that far?</p>
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