That concurrence was written by Justice Goldberg, who noted that "the concept of liberty protects those personal right that are fundamental," and rested his argument on the 9th.
In order to find that the plaintiffs had standing, the majority opinion distinguished this case from Tiletson v. Ullman. The majority also "declined the invitation" that Lochner "be our guide," while Justice Brennan joined a concurring opinion that favorably cited Harlan's dissent in Poe v. Ullman. That concurrence was written by Justice Goldberg, who noted that "the concept of liberty protects those personal right that are fundamental," and rested his argument on the 9th. Representing the first use of William Douglas' "penumbral" reasoning, the principles established in this case were later extended by Eisenstadt v. Baird, and this case is famous for Justice Stewart's dissent, in which called the law in question "uncommonly silly." FTP, identify this 1965 case concerning contraceptive distribution to married couples.
In order to find that the plaintiffs had standing, the majority opinion distinguished this case from Tiletson v. Ullman.
Griswold v. Connecticut