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330 pages, Kindle Edition
Published August 25, 2026
…Justice Potter Stewart dissented, rightly arguing that such laws were “uncommonly silly,” but that the Constitution did not prohibit those laws. When the Court in 2003 struck down Texas’s law criminalizing gay sodomy, Justice Thomas echoed Justice Stewart’s earlier formulation;
I respectfully dissent from the remainder of the Court’s opinion and the judgment, however, because I believe that the Law School’s current use of race violates the Equal Protection Clause and that the Constitution means the same thing today as it will in 300 months.