Now for something more exciting than budget balancing

As you may have read in the Volokh Conspiracy, the Fifth Circuit is holding its ground in maintaining that banning the sale of dildos in Texas is totally unconstitutional. Luckily for us (or not), the Seventh Circuit thinks that Alabama's ban on them is all good, so presumably the Supreme Court will be hearing it sometime soon. I look forward to hearing what Scalia has to say on sex toys. Perhaps that the Founders felt no need for sex toys, because they were virile and manly?

On a more serious note, though. I can't quite understand what kind of stick you would have to have up your ass to want to ban sex toys, but it bothers me slightly that substantive due process is what we turn to when we try to justify some libertarian ideas as constitutional. I do think that people have a broad right to sexual privacy, but I feel like substantive due process is just a random phrase for whatever the Supreme Court thinks are "rights that you should probably have that the writers of the Constitution didn't really envision." I mean, on one level I know that amending the constitution is probably just a little harder than it should be, but this seems like a pretty silly hack to fix that problem.