The right to privacy is a phantom right dreamed up by William Douglas to
justify striking down a Connecticut law banning contraception. It represents
mushy legal thinking at best and legislating from the bench at worst.

Having said that, I believe many of the constitutional issues that have been
decided on an argument of a right to privacy could easily be decided the
same way on more solid legal foundations, which could then put to rest all
of the back and forth bickering. My basic reasoning is that our bodies are
our own and we are largely free to do as we wish with them.

When we begin to test the theoretical boundaries of this right,  we quickly
run into problems. Do I have the right to walk around naked or perform sex
acts in public? most of these questions are easily answered with the core
principle that our individual rights extend only to the point that they
begin to interfere with the rights of other people. Abortion is obviously
the trickiest question of the bunch, because depending on your beliefs, you
might consider that there is more than one person involved. In that case, we
should just leave it to each woman's conscience. (Minors having abortions is
yet another test of the boundaries that is difficult to resolve.)




On Wed, Oct 15, 2008 at 7:11 PM, Gruss wrote:

> tBONE!
>
> Obama just laid out an important constitutional notion: the right to
> privacy is within the constitution and not subject for state
> referendum.
>
> Thoughts?
>


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