to do that? if it's not mentioned in the constitution, where does the right of the court to substitute its views for that of the elected representatives of the people, where does that come from? >> the court has interpreted the 14th amendment to include this component. the unenumerated right to substantive due process and the court has said that the kinds of things that qualify are implicit in the concept of ordered liberty or deeply rooted in our nation's history and tradition. those are standards that identify narrow set of activities. >> well, judge, in the obergefell case, judge roberts in his dissent noted that the court invalidated marriage laws