[nerdponx]

Yeah but again, none of that is inevitable, it's merely convenient. We have seen justices go through astounding contortions of logic to design a case along certain ideological lines, many times. The availability of a chain of reasoning does not mean that the decision had to be decided the way it was decided.

[mindslight]

Sure, none of that is inevitable. But for example the Constitutional framing in terms of negative rights is pretty deeply entrenched.