You’ve probably read by now that Genarlow Wilson is free, after a 4-3 decision by the Georgia Supreme Court deeming his 10-year sentence to be cruel and unusual punishment.

Eugene Volokh analyzes the decision here. My thoughts: Though the opinion doesn’t explicitly say so, I’d guess that the state supreme court was willing to overlook (or, I guess, invalidate) the state legislature’s explicit vote against making the revised sodomy law retroactive because it’s well-known across the state that the retroactivity vote was taken solely for the purpose of excluding Wilson from the new law. Legislators weren’t worried about a rush of appeals. They wanted this particular kid to remain in jail, largely because of some unethical–and possibly illegal–outside-the-courthouse lobbying by District Attorney McDade.

This case shouldn’t be over. McDade’s private video screenings with journalists, pundits, and state lawmakers need to be investigated, as do his meetings with the family of the girl with whom Wilson was convicted for having sex.

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