New at Reason

Julian Sanchez | September 9, 2005

Jacob Sullum wonders whether John Roberts thinks that lying at home, under the covers, with the lights out, whistling a tune to yourself counts as interstate commerce.

Comments

The Wine Commonsewer|9.9.05 @ 9:54AM|#

...lying at home, under the covers, with the lights out, whistling a tune to yourself counts as interstate commerce.

Course it does, this is America.

MP|9.9.05 @ 9:56AM|#

Does intrade sell options on SCOTUS decisions? 'cause Gonzalez vs. Oregon is going to Gonzalez.

|9.9.05 @ 9:58AM|#

If you whistle a tune to yourself, you're not buying a tune from an individual in another state. Definitely a commerce issue.

MP|9.9.05 @ 10:06AM|#

If you wrote the tune, you have a piece of intellectual property that you could have sold. Even if you choose to never sell it, and no one but you ever hears it, it still counts as Interstate commerce.

|9.9.05 @ 10:12AM|#

If whistling counts, how about onanism under those covers?
It would make for a good excuse for teenage boys:
I was just get my Interstate Commerce clause straight, Mom!

|9.9.05 @ 10:19AM|#

"If whistling counts, how about onanism under those covers? It would make for a good excuse for teenage boys: I was just get my Interstate Commerce clause straight, Mom!"

All I know is that Scalia at least is strongly in favor of states' rights when it comes to masturbation. From Scalia's dissent in Lawrence v. Texas, 539 US 558, 590 (2003):

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices. Every single one of these laws is called into question by today's decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding.

MP|9.9.05 @ 10:24AM|#

All I know is that Scalia at least is strongly in favor of states' rights when it comes to masturbation.

That's not a valid interpretation. Scalia did not comment on Federal anti-masturbatory laws (you know, the ones required to regulate the flow of semen into sperm banks).

|9.9.05 @ 10:33AM|#

And here I thought that regulating commerce between the states should only cover things like a common monetary system and interstate tariffs.

|9.9.05 @ 10:33AM|#

Whistling a tune in the dark? Are you NUTS?

How can you sit there and whistle when there are millions of starving developers out there who could put that property to better use for the good of the community? Seize the house!

|9.9.05 @ 10:39AM|#

I don't think anyone needs to worry that this administration would put anyone on the Supreme Court that would restrict the power of the federal government.

|9.9.05 @ 10:56AM|#

At home alone, in the dark, under the covers ... whistling to yourself?

|9.9.05 @ 11:13AM|#

Luttig thinks it's okay to keep US citizen Padilla locked away forever without being charged with any crime.

http://news.yahoo.com/s/nm/20050909/ts_nm/security_padilla_dc;_ylt=AlqQpR0scFwVyR8_KzzdW.Ws0NUE;_ylu=X3oDMTA3b2NibDltBHNlYwM3MTY-

How can someone like this be under serious consideration as a United States Supreme Court justice?

|9.9.05 @ 12:04PM|#

How can someone like this be under serious consideration as a United States Supreme Court justice?

He sounds like just what they're looking for.

I personally don't trust people who use the first initial, middle name combo. Seems simultaneously pretentious and shifty.

|9.9.05 @ 12:25PM|#

Masterbation would be interstate commerce under Raich. If you masterbate you are more likely to buy lube and tissues in interstate commerce and less likely to seek out prostitution services.

|9.9.05 @ 12:30PM|#

They probably won't just go ahead and ban it though.

More likely they start out by taxing it and then move up to suing porn companies to recoup for "the social costs of masterbation".

|9.9.05 @ 1:53PM|#

Hey, webadmin (TC?), how about putting in a filter that adds in a space after 50 consecutive non-whitespace characters that aren't inside an HTML element? Also, what's wrong with the <strike> (or <s>) element that we can't use it to mark up our text?

|9.9.05 @ 2:36PM|#

You're causing wear and tear on those covers which will increase the interstate demand for them when you get a replacement.

OK, I just finished my third week of law school and I may already have been there too long.