It was bad law and everybody knew it, everybody.
Absolutely. It was an exercise of raw despotic judicial power to legislate from the bench, absent any basis in law.
"Emanations from the penumbra..."
I still can't believe that idiot graduated from law school only to throw out that sophomoric bleeding-heart line as a basis for a legal decision. Henry Black (Black's Law) would not have been impressed with that shallow rhetoric being uttered in the highest court of our land.