It was made up a decade ago. Justice Kennedy is the one who is going to create this out of thin air. The Liberal Justices will do what Liberal Judges always do.
Deciding that a ‘right’ exists when it has never been mentioned until the last few years is really a stretch. So, the issue comes down to whether the courts are really about justice and judging or whether they are part of an oligarchy controlling the masses and the culture.
It would be nice to believe they are about justice, but any ruling in favor of calling a dangerous behavior a ‘right’ is a clear indication they believe they are part of a ruling class.
I recall reading an article here on FR years back - Kennedy stated with a smirk on his face that he enjoys the parties he has access to as a SCROTUS denizen - and his votes reflect his desire to stay popular on the cocktail circuit...