In 1830 Gouger and others went to Spain to fight for the constitutional cause and saw active service.

In 1834, with a small army made up largely of British sailors, he reconquered the Minho region for the constitutional cause.

The Court wrote that its "precedents do not support the existence of a constitutional cause of action behind every statement a public employee makes in the course of doing his or her job."

In the Sunday Times, one columnist, Barbara Amiel, accused American feminists of corrupting behavior and relations between the sexes, and of using Judge Thomas's "bad taste" to turn rude behavior into a constitutional cause.