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View Diary: Opening the Door (281 comments)

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  •  My reaction (4.00)
    Well, first, here is how SCOTUSBlog summarizes Roberts' testimony:

    9:52 - Specter asks about Roberts' reference in a memo to the "so-called right to privacy." Roberts - I do believe that the right to privacy is protected in various ways; the 4th A; the 1st A; 3d A; and in addition the Court has over a series of decisions going back 80 years has recognized that it is a component of the liberty protected by the Due Process Clause, not merely procedurally but also as a substantive matter as well.

    Working from that, as opposed to being able to hear the actual testimony, I have two reactions:

    1. Of course there is a "right to privacy" in the sense that, for example, the privacy of your home is protected from unreasonable searches and seizures.  No one denies that.  If I were a total wingnut, my answer would probably sound something like "sure there is a right to privacy, as specifically enumerated in the 1st, 3rd, and 4th amendments," and I would hope everyone just focused on the first part of my answer.

    2. Recognizing that there is an 80-year line of substantive due process cases does not say anything about whether you agree with the rights identified in those cases, or whether you would seek to narrow the scope of substantive due process as a Justice.  Now if he said that he agrees with the substantive due process line of cases, THAT would be newsworthy.

    Ninth Amendment, friends, it's all about the Ninth Amendment.  Saying there is a "right to privacy" is meaningless without some statement of which substantive interests are protected by that right.  If you believe abortion is murder, for example, there's surely no right to murder people in private, so the "right to privacy" would not protect abortion in the slightest.
    •  Damned right it's the ninth amendment (none)
      We need  to follow up on this. He's got to address the ninth amendment privacy rights, or its meaningless.

      Should also address other "unenumerated" rights.

      I like to think of the Republican Party as an Iceberg--large, white, cold-hearted, not too swift, and can't change direction.

      by DyspepTex on Tue Sep 13, 2005 at 08:47:00 AM PDT

      [ Parent ]

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