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To: Ken H
"What you are describing is a State Court inventing a penumbra'd right in the US Constitution."

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.

172 posted on 05/01/2005 1:53:19 PM PDT by robertpaulsen
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To: robertpaulsen
What you are describing is a State Court inventing a penumbra'd right in the US Constitution."

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.

175 posted on 05/01/2005 2:06:29 PM PDT by Ken H
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