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June 27, 2022


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There is no mention in the Constitution of women, Catholics, or Black people. That is, all members of the Supreme Court.

Many years before Douglas's 'penumbra,' Justice Louis Brandeis and a co-author dispensed with the need for any penumbral considerations. They wrote directly about "the... general right of the individual to be let alone."

I'm reduced to offering a Yogi Berra-esque opinion: If Brandeis were alive today, he'd be rolling over in his grave.

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