Geez Louise. Where did I say that? I said that a citizen brought a case claiming his constitutional right to X was violated by the CC law. What "penumbra"? It's some right -- make one up! Who the f$%^ cares what X is?
Cripes. Look, if you need one, say that X is his right to liberty protected by the 5th amendment. He is claiming a loss of freedom to move about safely because of others engaged in CC. It's not important.
I do not want to try the case on this forum. That's why I didn't want to be specific.
Now, armed with this, please address my post #152.
Geez Louise. Where did I say that? I said that a citizen brought a case claiming his constitutional right to X was violated by the CC law. What "penumbra"?
Post #122:
If challenged, the State Supreme Court would weigh the two rights (the clear state constitutionally protected right to CC vs. some penumbra'd right that is violated). --robertpaulsen
So you meant some penumbra'd right in the State Constitution, rather than the US Constitution?
It's some right -- make one up! Who the f$%^ cares what X is? Cripes. Look, if you need one, say that X is his right to liberty protected by the 5th amendment. He is claiming a loss of freedom to move about safely because of others engaged in CC. It's not important.
So your scenario did indeed involve a right in the US Constitution that the State Court ruled on, yes?
If so, my reply stands as is. Your turn.