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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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(I agree, and commented here.)


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    [::..archive..::]
    ::

    :: Wednesday, September 14, 2005 ::
    Roberts: Griswold is about marital privacy; Court has taken it further

    KOHL: Judge, as we all know, the Griswold v. Connecticut case guarantees that there is a fundamental right to privacy in the Constitution as it applies to contraception. Do you agree with that decision and that there is a fundamental right to privacy as it relates to contraception? In your opinion, is that settled law?

    ROBERTS: I agree with the Griswold court's conclusion that marital privacy extends to contraception and availability of that. The court, since Griswold, has grounded the privacy right discussed in that case in the liberty interest protected under the due process clause.

    That is the approach that the court has taken in subsequent cases, rather than in the (inaudible) [presumaby "penumbras" -- DW] and emanations that were discussed in Justice Douglas' opinion. And that view of the result is, I think, consistent with the subsequent development of the law which has focused on the due process clause and liberty, rather than Justice Douglas' approach.

    __________
    Emphasis added. It will be interesting to see whether law profs's frantic phone calls to liberal Senators and staffers lead to closer grilling of the nominee on this point on the second round.

    :: David M. Wagner 2:19 PM [+] ::
    ...

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