You might remember that the Fifth Circuit recently struck down a law prohibiting the sale and advertising of dildos. (Note that my idle question about whether it should be “dildi” was answered, with more alacrity and detail than I can, strictly speaking, absorb without getting kind of creeped out, by commentators in the linked Volokh thread).

We should have known that cultural conservatives would not take that lying down, if you’ll pardon the expression.

Prof. Marc Randazza’s entertaining and informative blog has links to a request for rehearing en banc filed by a group of Texas Republican legislators. Prof. Randazza notes that these purport to be small government conservatives.

Ron Paul would say the states should take care of such things, in the name of freedom.

Last 5 posts by Ken

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