Dale Carpenter

Perhaps a book only a lawyer could enjoy, but since I fall into that category, I found Flagrant Conduct, the complete story of the U.S. Supreme Court decision that overturned Bowers v. Hardwick and found sodomy laws unconstitutional, surprisingly gripping.

The account is admittedly a slog when Carpenter rehashes arcane legal theory argued in Lawrence v. Texas, but thankfully those sections are relatively few. The account is at its strongest when talking about personalities and behind-the-scenes strategizing. The reader walks away with a much greater understanding of the significance of this landmark ruling and the people that worked to make it happen.… (mais)

This is an incredibly well-written book about this pivotal case. I am an attorney, so can be a little jaded with books about the law, but this one blew me away. From the inception of a very weird fact pattern (which is never completely understood - and there are so many different versions as to defy reality) all the way up to the Supreme Court, Carpenter shows many sides to this story. What I think is absolutely unbelievable, is he really did not have a political agenda. I expected this to be Republican bashing (which I always thinks demeans the point at hand) and it's not. The record is quoted from extensively, letting most of the players speak for themselves. He showed both sides to very intense arguments over equal protection, due process and "morality." We meet many brillant jurists and get to know, a bit, the U.S. Justices of that term. I learned a heck of a lot and look at some of these minor laws very differently now. But what I thought was rather bizarre is the facts (and the human beings behind them) that made it all the way up to the Supreme Court, bore little or no resemblance to what was ultimately decided and subsequently, shaped the laws in many states. Of note, the ordinace that was deemed unconstitutional is still law in Houston. Although it cannot be prosecuted due to "Lawrence v. Texas," the legislature refuses to repeal it. A sign we have come a long way ... but then, sort of haven't. Highly recommended on many levels, if you have any interest in how the judicial system(s) work, laws are shaped and what needs to happen to challenge bad law in the Courts. It is also just an exciting read, almost like a legal thriller and although I knew the outcome, I was biting my nails waiting for the decision/opinion.… (mais)