The following is from private email:

You write that "In 1965, the Justices made up the idea of 'penumbral rights' in a case called Griswold."

I've been reading Norman F. Cantor's Imagining the Law, about the foundations of the American legal system. Cantor says the penumbra idea has been around since at least Plato's Republic and Laws, and further states that Cicero's assertions of the penumbra idea were a main channel for its actual transmission unto the judicial culture of the Western world.

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