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In the discussion thread: Abortions now, birth control next. [View all]

Response to Buckeyeblue (Reply #15)

Sun May 19, 2019, 02:44 PM

16. I don't think that is strictly accurate.

The basis of the Griswold decision was the finding of a general right to privacy in the "penumbra" and "emanations" of the specific right grants of the First, Fourth, Fifth, Fifteenth, etc., Amendments. In Griswold, the right to privacy prohibited the State from outlawing the use of contraceptives by married folks.

The right to privacy from Griswold was the legal foundation of Roe. If SCOTUS now overturns Roe, it would seem to me that the right of privacy from Griswold is also at risk. The right-wing legal "scholars" have long argued that Griswold was wrongly decided. The argue that because there is no explicit right to privacy in the constitution, the Court in Griswold was rewriting the Constitution.

It would come as a shock to most citizens that they have no right to privacy but I worry that such may be where SCOTUS is going.

If SCOTUS abandons Griswold, then Lawrence v. Texas (striking "sodomy" laws) is also at risk. If Lawrence v. Texas goes down, Obergefell (same sex marriage) is also at risk. The potential damage is large.




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Replies to this discussion thread
Arrow 17 replies Author Time Post
Shell_Seas May 2019 OP
ETStevens May 2019 #1
Chipper Chat May 2019 #2
RandiFan1290 May 2019 #3
Ohiogal May 2019 #4
Demsrule86 May 2019 #5
LiberalBrooke May 2019 #6
lark May 2019 #7
CanonRay May 2019 #8
TomSlick May 2019 #10
Buckeyeblue May 2019 #15
LineLineLineLineNew Reply I don't think that is strictly accurate.
TomSlick May 2019 #16
Buckeyeblue May 2019 #17
Wounded Bear May 2019 #9
Kahir165 May 2019 #12
Wounded Bear May 2019 #13
Hekate May 2019 #11
appalachiablue May 2019 #14
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