Re:A bad grade that changed the U.S. constitution (2017)
by jjlustig on Wednesday August 04, 2021 @11:37PM
(#28069577)
> By contrast, there are a number of things the Supreme Court has simply made up. Conjuring a “right to privacy” from “penumbras” of the other amendments is an example.
If you take the majority view from Griswold, I agree. But if you take the pre-Slaughterhouse view of the Privileges and Immunities Clause of the 14th amendment (yes, I although I loathe to say it, an originalist view), I don’t think a fundamental right to privacy can be thought of as that far fetched.
If you take the majority view from Griswold, I agree. But if you take the pre-Slaughterhouse view of the Privileges and Immunities Clause of the 14th amendment (yes, I although I loathe to say it, an originalist view), I don’t think a fundamental right to privacy can be thought of as that far fetched.