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by kenjackson 4004 days ago
There is a clear distinction between granting rights and denying rights. The Supreme Court should not be actively denying rights to people, unless it is clearly called out in the Constitution or state law. This is not one of those examples.

And thus far this court has been fairly consistent in granting rights broadly. This ruling stands in that tradition, but this time in a direction ideologically opposed to the right.

2 comments

That's inconsistent with history. Off the top of my head, the Supreme Court ruled to deny rights in the Kelo and NFIB v. Sibelius cases.
The Supreme Court generally doesn't deny rights. It takes things off the table from legislatures, or puts things on the table.