Well, there's been varied and thorough rebuttals of the tortured logic that the Ninth Circuit applied in their dicta on the Silveira case by people whose expertise far exceeds mine, including the justices of the Fifth Circuit Court of Appeals, as well as some of the judges of the Ninth Circuit.
Maybe if I feel inclined I'll cite it for you at some point, but not right now, at 11:30pm.
In the meantime, though, I'll simply take solace in knowing that the Ninth Circuit is the most frequently-overturned appeals court in the nation, and that the petition for writ of certiaori in the Nordyke case is pending before the US Supreme Court and should be decided on by Christmas-time.
If granted, we'll all be able to attain a final resolution of this question so we won't have to waste any more time and bandwidth arguing about it.
Not only the 9th argued for the "collective right" interpretation -- it was just the most recent and most memorable.
"and that the petition for writ of certiaori in the Nordyke case is pending before the US Supreme Court"
Are you saying that the 9th refused to hear it en banc?