Because the right is not set forth in the U. S. Constitution, it is not enforceable by the courts. However, the right to the pursuit of happiness is often raised in arguments against government regulations, because its mention in the Declaration of Independence gives it a degree of forcefulness. Barron's Law Dictionary , 2nd Ed, pg.378. The learned judges attempt to explain away most of the Constitution with the following definitions and questions. Nothing in the above pertains to equality, so say the judges.
All men are equally free and independent.
Not subject to the dominion of another. Enjoying full civic rights. Discharged from arrest or detention. Not under obligation or necessity. Said of a country or nation.