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The Burger Concurrence, Justice Powell, and the Eighth Amendment Concern
"This guy hates gay people. The famous act, the very mention of which is a disgrace to human nature and a crime not fit to be named," Justice Scalia wrote in 1986. "I would have been interested to see a more unfiltered Scalia circa 1986 talk about homosexuality," CNN's John Sutter says. 'No conservative judge today is bringing up an eighth amendment concern, right? They're just not'