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Alito: Gay Marriage Ruling Could Allow Judges To End Minimum Wage Laws

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AP Photo / Stephan Savoia

"But the Obergefell decision threw that out," Alito said, as the Daily Beast noted. "It did not claim that there was a strong tradition of protecting the right to same-sex marriage. This would have been impossible to find."

Without these legal limits on the definition of liberty, Alito speculated that future justices could grant constitutional rights on the basis of their ideological whims, and practically, the nomination of judges will become more like a political election.

"So we are at sea, I think. I don't know what the limits of substantive liberty protection under the 14th Amendment are at this point," he said.