Ordinarily, when the Supreme Court reverses itself in a liberty-related case, it creates or extends new rights that didn’t exist before. That’s what happened in 2003 in Lawrence v. Texas, when the court reversed Bowers v. Hardwick and established a right to have sex with a partner of one’s choice regardless of sex. It’s what happened in 2014 in Obergefell v. Hodges, when the court established a constitutional right to same-sex marriage. The basic idea behind this model of gradual rights-extension is that we are getting freer all the time, not more restricted.
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