In his questioning of Judge John Roberts this morning, Senator Arlen Specter asked detailed and searching questions on the right to choose, the right to privacy and the power of stare decisis
. Judge Roberts, in a surprise to me, was surprisingly forthcoming and detailed in his answers. In particular, in answering whether he believed the Constitution recognized a right to privacy, Roberts stated expressly and unequivocally that he accepted and agreed, without reservation, that the Constitution does recognize a right to privacy. He mentioned specifically privacy rights emanating
from the 1st, 3rd and 4th Amendments and the liberty interests recognized and protected by the due process clause of the 5th and 14th Amendments.
What does this mean? Is this a confirmation conversion? Perhaps. But right now what it means is that Roberts accepts that he must answer questions on the right to privacy. He can not refuse now.
So I suggest that Democratic Senators take Roberts up on this opening. I suggest the following line of questions on Griswold.