What would be the legal reasoning for such a SCOTUS opinion? It seems like you're hinting at equal protection, but I'm not clear how you'd tie together the nece

What would be the legal reasoning for such a SCOTUS opinion? It seems like you're hinting at equal protection, but I'm not clear how you'd tie together the necessary pieces. Even assuming the composition of the court changed to be more friendly to living constitution arguments, I'm just not seeing this. Can you spell this out a bit more?