Well, we are talking about a body that finds the constitution protects privacy, even though CTRL-F 'privacy' has zero results. I am not saying they are right o

Well, we are talking about a body that finds the constitution protects privacy, even though CTRL-F 'privacy' has zero results. I am not saying they are right or wrong, but any pretense that the courts rule based on the text of the law should be discarded. The reality is they find rights and laws that seem reasonable to their own selves, and disregard precedent that is poorly argued (ie they don't like the result). The alternative is perhaps that we are stuck with Plessy v Ferguson until the end of time or a constitutional amendment is ratified (end of time seems more plausible).