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Re: 2009 List Of Libs

Posted by trainsarefun on Tue Dec 29 19:15:44 2009, in response to Re: 2009 List Of Libs, posted by Kew Gardens Teleport on Tue Dec 29 18:44:10 2009.

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I quite agree with you on all issues, except that I would add the following two comments.

1. Surprisingly, Euclid was decided in an era that was rather cordial to (classical) liberal arguments in certain other spheres, e.g., minimum wage, labor unions. The boys could tolerate a whole lot of cognitive dissonance, though, if you appealed to their morals, e.g., you need to protect women (because they are weak and stupid; cf Muller v Oregon), and zoning (because this controlled the nuisance of cities expanding and corrupting the countryside).

2. The third amendment did get some love in Justice Douglas's opinion that prophylactic use is legal (Griswold v CT); he adverted to the privacy concept implicit in the specific constitutional prohibition.

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