Posner

Carey invalidated a New York law reserving the right to sell contraceptives to licensed pharmacists. However, laws forbidding opticians to replace eyeglass frames without a prescription from an optometrist or ophthalmologist and other similar regulations were upheld by the Court. “Why it should be thought a worse offense against constitutional principle for a state to raise the price of condoms than to raise the price of eyeglasses remains the abiding mystery of the Court’s brush with sexual libertarianism,” says Posner. “The answer the Court would have given if asked – that sexual and reproductive freedom is a ‘fundamental’ right and economic liberty is not – just relabels the question. One might have thought libertarianism indivisible.”