Sentences with phrase «rights out of whole cloth»

As Scalia's dissent makes clear, the majority opinion in Lawrence epitomizes everything that is wrong with the contemporary Court» its arbitrariness, its contempt for democratic governance, its constant readiness to fashion new constitutional rights out of whole cloth.

Without the benefit of any constitutional text or interpretive history to lend meaning to the term «education,» federal courts would be fabricating a new substantive right out of whole cloth.

Not exact matches

That's right, even making up a God out of whole cloth will work.

So I share Chief Justice Joyal's discomfort at some of the post-Charter jurisprudential developments — at the excessive ease with which courts have sometimes granted public interest standing, the creation of constitutional «rights» out of whole cloth, the often unprincipled application of section 1 balancing.