Kristopher Browne

Kristopher Browne

jwz: There Is No Constitutional Right to Eat Dinner

jwz: There Is No Constitutional Right to Eat Dinner:

Antonin Scalia relied upon this time period in his majority opinion in District of Columbia v. Heller, as did Justice Samuel Alito in his majority opinion in Dobbs. There is surely no better way to decide the scope of rights enjoyed by Americans living in 2022 than by surveying the works of legal thinkers from a different country, most of whom died well before the first shot was fired at Lexington and Concord.

In medieval England, Parliament occasionally passed what are known as “sumptuary laws” to regulate private consumption of goods and services. […] “But, as to excess in diet, there still remains one ancient statute unrepealed, which ordains that no man shall be served at dinner or supper, with more than two courses; except upon some great holy days there specified, in which he may be served with three,” he wrote. Kavanaugh himself conceded that the supposed right to dinner did not extend to every course by allegedly skipping out on dessert.

Not linking to the original New Republic article - It’s read-count paywalled.