If they really thought that the organizing document of American self-government didn’t, on its face, protect gay people having sex in their own home, or protect Black people from driving without police harassment, or protect women who get a prescription from their doctor, then wouldn’t they spend nearly their whole life trying to change such an obviously flawed document? If conservative judges felt they were being forced, for purely doctrinal reasons, to deny fundamental fairness to worthy litigants, wouldn’t they spend all their free time begging the people to update the document that binds
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