"Bailey’s libertarian reading go the amendment, in which the right to freedom outweighs any other consideration, may seem unsatisfying, both morally and as an account of the amendment’s purpose. Its vision of society may appear more harmonious with the constitutionalization of laissez-faire individualism in Lochner v. Newyor,53 decided six years before Bailey, than with modern sensibilities. The modern administrative state needs to interfere with traditional individual liberties in myriad ways, some of them vitally linked to the promotion of women’s equality. This way be why, when an amicus in Roe relied on Bailey’s libertarianism to argue for a thirteenth amendment right to abortion, the Court expressly rejected the view “that one has an unlimited right to do with one’s body as one pleases”"
January 1, 1970