First stage of history complete: What could it hurt?
Now we embark on the second stage of history: How were we supposed to know?
Gotta love Scalia’s dissent:
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie. (page 7 (note 22))
Let the Unforeseen Consequences Roll!