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Sen. Larry Craig Filing: His Conduct Was Constitutionally Protected | 8 comments (8 topical)

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Constitutionality will NEVER be reached (none / 0) (#9)
by Beldar on Sat Oct 27, 2007 at 08:40:53 PM EST
Craig didn't raise himself, or adopt, the ACLU's arguments because they're all founded on the notion that as applied, the disorderly conduct statute is being used to criminalize constitutionally protected conduct that amounted to protected "speech" (even though no words were used).  Those arguments are logically inconsistent with his factual premise that he wasn't soliciting a sexual encounter.  (He claims he wasn't trying to communicate anything.

This looks to me like a procedural, rather than a substantive, filing: Names, dates, players, issues, basically just stuff that goes on the cover sheet in the appellate file.  So it's not certain that his lawyers will actually try to re-urge on appeal (via their substantive brief(s) on the merits) the arguments that the ACLU made in its amicus brief.

But if they do try, they'll fail.  Craig has waived the arguments by not raising them in the trial court, and there is now ZERO chance that they will  become a ground for his guilty-plea-based conviction to be overturned on appeal.

Sen. Larry Craig Filing: His Conduct Was Constitutionally Protected | 8 comments (8 topical)

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