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View Diary: Romney: states should have the power to ban contraception. (15 comments)

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  •  I actually believe Griswold and Roe (2+ / 0-)
    Recommended by:
    distraught, G2geek

    were wrongly decided, and agree with Hugo Black's dissent in Griswold that when liberal courts strike down obnoxious laws inventing constitutional protections where none had previously existed, we grant a license for future right wing justices to do the same.  Black had been FDR's first appointment to what had been until then an ultra-right wing court, which struck down minimum wage and child labor laws as violations of due process and the constitutional right to contract - a right, as Justice Pierce Butler had claimed in one of the minimum wage decisions, that was as precious to the working man as to his employer.  

    Decisions such as Bush v. Gore and Citizens United are the unhappy offspring - right wing judicial activism fostered by an earlier generation of liberal judicial activism.  I agree with Black's dissent in Griswold that when a legislature enacts obnoxious laws which are not forbidden by the Constitution, it is up to the voters to vote the bums out so that a new legislature can replace such laws.

    "We have always known that heedless self-interest was bad morals, now we know that it is bad economics." Franklin Delano Roosevelt, Jan. 20, 1937

    by Navy Vet Terp on Sun Sep 09, 2012 at 03:34:04 PM PDT

    •  recced for well-stated arguement even though.... (1+ / 0-)
      Recommended by:
      Navy Vet Terp

      .... I disagree with it.

      The problem with seeking legislative protection of privacy rights is identical with the problem of seeking legislative protection of minority rights.

      Privacy by definition is the right of individuals to choose to protect intimate beliefs, words, and acts from the arbitrary scrutiny and interference of others.  Small numbers seeking protection from larger numbers, is in microcosm a clear case of minorities seeking protection from majorities: even if the minority is one person and the majority is a handful of their neighbors or coworkers, the dynamic is isomorphic with that of numerically larger minorities and majorities.  

      As the struggles of black, gay, Jewish, and atheist Americans for equal protection under the law show, legislatures do not eagerly take up the "unpopular" fights that may cost them elections, and very often legislatures themselves are hostile to the rights of minorities.  

      Laws remain on the books to this day, that:
      a) establish and enforce racial segregation,
      b) prohibit interracial marriage,
      c) punish homosexuality, and
      d) require religious tests of office (affirmation of belief in a deity by persons seeking to hold public office).

      Despite the courts having invalidated those laws, they remain on the books decades later because their state legislatures have either remained hostile to the minorities in question, or have been too cowardly to repeal them.

      History demonstrates clearly that action by courts is very often the only means by which any minority can obtain equal protection of the laws.  The smaller the minority, the greater the degree to which this is true.  

      Thus it is necessarily true for the smallest minorities of all: the isolated and unorganized individuals, couples, and small groups, who seek merely to hold their intimate beliefs, words, and acts, to themselves and in peace, free of scrutiny, interference, and discrimination.

      When the court recognizes a right to privacy, it grants equal protection of the law to an un-enumerated minority.

      "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

      by G2geek on Sun Sep 09, 2012 at 11:55:43 PM PDT

      [ Parent ]

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