This is nothing! Wait until she issues a stay preventing war, since it violates due process rights...
The one I was thinking about is "fat people". How long until someone sues and asserts a constitutional right to be fat, and that their civil rights were violated when they were administratively separated for failing military appearance standards? We discharge a LOT more people for their fatness, than we do for the gayness.
If a judge can find a "right to be homosexual" in the USC, they can certainly find a "right to be obese".
There have been a couple of challenges that were decided at the Circuit Court level in the 90s. But, I think those were all cases based on 1A protections, and this is apparently based on 4A and 5A assertion - but I have not yet read the opinion, so I'm not positive. In any event, the defense that the government put on - which I have seen described as "desultory" - does not bode well for a robust appeal. Maybe Justice assumed that the Legislature would act before this case was decided, or heard on appeal, mooting the whole business. Even still, this sets a dangerous precedent for other than homosexual reasons.