FREE PASS FOR THE SUPREME COURT: Just caught Falwell on Donahue, saying that (1) he thinks the Supreme Court will find sodomy laws unconstitutional; and (2) he thinks they should be kept in force for “symbolic reasons.”

When even Jerry Falwell thinks they’ll go down, and cares to defend them only on grounds of symbolism, well, it makes me think that the politics on this issue point the same way as the law. Or, if you’re one of those people who see the Court as a largely political animal, you might think that justices on the court who support other “right-wing” outcomes like ending affirmative action might think it useful to balance those by overturning Bowers. I don’t think the Court looks at cases that way, myself, but many people do and I suppose I could be wrong.