Justice Kennedy And The Unwarranted Gov’t Intrusion

Well, it’s not quite a Harry Potter title, but in reading this post (hat tip to Glenn) I was struck by Justice Kennedy’s opening paragraph in the Lawrence decision.

Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home… Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimenstions.

Something to keep in mind as we get ready for the oral arguments in the D.C. Gun Case. Are we to believe that liberty protects us from unwarranted government intrusion in the bedroom, but only in regards to sex not self-defense?

One Response to “Justice Kennedy And The Unwarranted Gov’t Intrusion”

  1. Snowflakes in Hell » Blog Archive » Heller Thought Says:

    […] Edwards digs up something from Justice Kennedy that is good to keep in mind as we head toward oral arguments tomorrow.  I also understand that […]

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