Originally Posted By: Faithful1
No dontomasso, you are absolutely wrong on this. Calling Roe good case law is like saying Dred Scott v Sanford was.

A right to privacy has never been absolute and has never entailed everything. Do you have a right to beat your children or your wife so long as it's done behind closed doors? Can you build a nuclear weapon or develop anthrax in privacy? It was also an argument slave owners used to defend the institution ("If you don't like slavery, don't buy a slave!")
It's a typical example of left-wing insanity. Privacy has to have reasonable limits, and it is reasonable that privacy cannot be a cover for the taking of innocent human life.

Well, while you may not consider Thomas a scholar, there can be no doubt that White, Rehnquist, Roberts, Scalia and Alito were/are. Liberals who disagreed with Roe included John Hart Ely, Laurence Tribe, Cass Sunstein, Kermit Roosevelt, Alan Dershowitz, Eugene Volokh, Edward Lazarus, Hadley Arkes, etc.

I brought in McCorvey to show that the case was based on fraud and deception.



Where do I say Roe is "good case law?"

The right to privacy was established in Griswold under the legal fiction that the "penumbra" of rights created by the Bill of Rights and the 14th amendment established this right. This has come under severe criticism from the beginning. The whole "penumbra" thing was invented by Justice Douglas and adopted by the Warren court at the height of its powers. From that roe evolved.

What you have to understand is the context. Pre-Griswold the states had the right to outlaw contraception and just about anything else they wanted. This is pretty much what the far right wants to restore today.

Of course there is no right to beat children, that's a huge stretch. There is a right however for consenting adults to do what they want in the privacy of their homes so long as they are not causing danger to one another.

The right to privacy necessarily entails a restriction on governmental interference in people's personal affairs. I would think a true conservative would be in favor of this.


"Io sono stanco, sono imbigliato, and I wan't everyone here to know, there ain't gonna be no trouble from me..Don Corleone..Cicc' a port!"

"I stood in the courtroom like a fool."

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