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View Diary: Coming to Praise ThomasAlito, Fried Buries Him (17 comments)

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  •  Warning - Legal Wonkishness Coming (none)
    Its been a while since I read Professor / Dean Ely's book The Morality of Consent, but if memory serves, his gripe with Roe was not on some "ani-choice" or "there is no privacy right in the constitution" argument like many righties espouse. Rather, Ely had a pretty radical (and, IMHO, correct) belief that rights such as privacy, control over procreative choices, etc. should not  be grounded in the 5th Amendment's Due Processs Clause under the doctrine of "substantive due process" (which is oxymoronic) but in the "privileges and immunities" clause (which was long ago eviscerated).

    As I said, its been a while, but it seems like Fried is invoking Dean Ely's name here quite a bit out of context.

    It's a "partial repeal of the First Amendment" not a "flag burning" amendment.

    by MRL on Tue Jan 03, 2006 at 11:21:29 AM PST

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