Court Case Number 15: Bowers V. Hardwick (june 30, 1986)

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Hardwick asserted that he was a practicing homosexual, that the Georgia statute, as administered by the defendants, placed him in imminent danger of arrest and that the statute for several reasons violates the Federal Constitution. I oppose the Court of Appeals decision that Michael Hardwick's complaint was dismissed by evidence seen through rights readily identifiable in the Constitution's text involved much more that the imposition of the Justices' own choice of values on the States and the Federal Government, the Court sought to identify the nature of rights for heightened judicial protection...
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Such landmark court decisions as Palko v. Connecticut stated this category includes those fundamental liberties that are "implicit in the concept of ordered liberty," such that "neither liberty nor justice would exist if any fundamental liberties were sacrificed." In Moore v. East Cleveland, fundamental liberties are characterized as those liberties that are "deeply rooted in this Nation's history and tradition...
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