Justice Kennedy, writing for the majority in Lawrence, asserts that "Liberty presumes an autonomy of self.." (p. 600).
Really? Constitutional liberty? Or philosophical liberty?
He notes that this autonomy of self includes such things as freedom of thought, belief, expression, and certain intimate conduct.
What about autonomy of self in matters of business and contract--the right of consenting adults to enter into contracts concerning employment, the right of the individual to decide whether to purchase health insurance (and what kind of policy to purchase), the right of the owner of a business to decide how to run her business, who to hire, how much to pay, whether to offer health insurance or not to the consenting adults whom she employs?
What about the autonomy to decide how to spend your own money, without government constantly taxing it away from you and giving it to others?
Lawrence is to sexual laissez faire whet Lochner was to economic laissez faire.
Just substitute "right to consensual sex" for "right of consensual contract" and the opinions are identical.
Should we go back to Lochner and use SDP to strike down the Welfare/Regulatory State?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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