Liberty vs. License

Randy Barnett has an excellent analysis of the Lawrence opinion. In particular, his distinction between Liberty and License: "Instead, he puts all his energy into demonstrating that same-sex sexual freedom is a legitimate aspect of liberty — unlike, for example, actions that violate the rights of others, which are not liberty but license." This is a concept too lacking in our post-New Deal courts, and one I hope to see make a comeback. I'd like to see the 9th amendment take on meaning again.