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ACLU Files Amicus Brief in Support of Larry Craig | 21 comments (21 topical)

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unconstitutional as applied (none / 0) (#21)
by txpublicdefender on Tue Sep 18, 2007 at 01:19:54 PM EST
They're not arguing that the entire statute is unconstitutional.  They're arguing that a constitutional interpretation of the statute cannot include his conduct, even taking the allegations of the prosecutor as true.  

I still think the procedural posture is a problem.  You can choose to waive constitutional objections to the charge by plea bargain.  It happens every time someone agrees to drop an illegal search issue in exchange for a plea to a lesser charge.  

But, I wholly agree with the ACLU's analysis of the legal issue.  Soliciting someone in a public place to have sex cannot be a crime unless you are specifically soliciting to have the sex in public.  I never understood what it was that Craig did that was a crime.  Unfortunately, he pled guilty.

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ACLU Files Amicus Brief in Support of Larry Craig | 21 comments (21 topical)

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