Presumption of Liberty

Article by Randy E. Barnett on Lawrence v. Texas (Thanks, Binkley):

For Lawrence v. Texas to be constitutionally revolutionary, however, the Court’s defense of liberty must not be limited to sexual conduct. The more liberties it protects, the less ideological it will be and the more widespread political support it will enjoy. Recognizing a robust “presumption of liberty” might also enable the court to transcend the trench warfare over judicial appointments. Both Left and Right would then find their favored rights protected under the same doctrine. When the Court plays favorites with liberty, as it has since the New Deal, it loses rather than gains credibility with the public.






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