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View Diary: Isn't Elena Kagan amazing? (25 comments)

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  •  Yesterday, during the ridiculous fertility dialog (8+ / 0-)

    Kagan tells Scalia to just STFU:

    JUSTICE KAGAN: No, really, because if the
    couple -- I can just assure you, if both the woman and
    the man are over the age of 55, there are not a lot of
    children coming out of that marriage.
     MR. COOPER: Your Honor, society's -­
    society's interest in responsible procreation isn't just
    with respect to the procreative capacities of the couple
    itself. The marital norm, which imposes the obligations
    of fidelity and monogamy, Your Honor, advances the
    interests in responsible procreation by making it more
    likely that neither party, including the fertile party
    to that -­
    JUSTICE KAGAN: Actually, I'm not even -­
    JUSTICE SCALIA: I suppose we could have a
    questionnaire at the marriage desk when people come in
    to get the marriage -- you know, Are you fertile or are
    you not fertile?
     JUSTICE SCALIA: I suspect this Court would
    hold that to be an unconstitutional invasion of privacy,
    don't you think?
     JUSTICE KAGAN: Well, I just asked about
    age. I didn't ask about anything else. That's not -­
    we ask about people's age all the time.

    Too late for the simple life, too early for android love slaves - Savio

    by Clem Yeobright on Wed Mar 27, 2013 at 03:49:54 PM PDT

    [ Parent ]

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