Skip to main content

View Diary: Ken Cuccinelli asks court to reinstate Virginia sodomy law. Wait, what? (236 comments)

Comment Preferences

  •  The court found it facially unconstitutional. (1+ / 0-)
    Recommended by:
    Loge

    Cucinelli is trying to make an "as applied" argument to keep an unconstitutional law in place.

    •  ok, that makes it worse (1+ / 0-)
      Recommended by:
      skrekk

      a facially unconstitutional law is one that is not constitutional in any conceivably application.  If it's constitutional as applied to the situation of consensual oral sex with a minor when it contributes to her (and it's always her) "delinquency," it's void for vagueness.

      Difficult, difficult, lemon difficult.

      by Loge on Wed Apr 03, 2013 at 02:57:12 PM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (143)
  • Community (62)
  • Baltimore (45)
  • Bernie Sanders (37)
  • Civil Rights (35)
  • Culture (28)
  • Elections (22)
  • Economy (21)
  • Freddie Gray (21)
  • Rescued (20)
  • Education (20)
  • Racism (20)
  • Law (20)
  • Hillary Clinton (19)
  • Labor (18)
  • Politics (17)
  • Media (16)
  • Environment (16)
  • Texas (16)
  • 2016 (15)
  • Click here for the mobile view of the site