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August 28, 2011 6:09 am at 6:09 am
#802340
popa_bar_abba
Participant
anyone with a basic knowledge of the Constitution would realize that such a law could never stand in this country if it was ever fought.
I’ll let you take that back. It was a 6-3 decision, and one of the votes was a concurrence, so only 5 justices agreed on why it is unconstitutional. Furthermore, the caselaw on which it was based was relatively new (the substantive due process caselaw for privacy which didn’t get rolling until like the 50s and 60s).