Category: U.S. Constitution

  • The Fourteenth Amendment Right to Sex Toys

    The Fifth Circuit Court of Appeals has recognized Texans’ Fourteenth Amendment right to use (and therefore to buy) dildos: Just as in Lawrence, the State here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce […]

  • Lawyers Appreciate . . . The U.S. Constitution

    My friend Scott Greenfield has tagged me for the Second Annual Lawyers Appreciate Meme, which started at Life at the Bar. I appreciate the U.S. Constitution. The Founders knew — from direct experience — that government is a threat to freedom. The saw that government was necessary, though, or at least inevitable. So, rather than […]