The New Republic Online: Sex Appeal
"By resurrecting an unprincipled and unconvincing constitutional methodology, the Court will energize the conservatives who have lost the culture wars, and will allow them to cast themselves as judicial martyrs rather than political losers."
Jeffrey Rosen advances the argument that it would have been more appropriate to strike down the Texas sodomy law on the narrow grounds that it violated Equal Protection of the Laws than on privacy grounds. The broad privacy language in the majority opinion will lead, he fears, to increasingly embittered confirmation battles as conservatives assail the court for judicial activism in creating broad-based sexual freedom based on a right of privacy.