Right to Privacy
By Callimachus | Related entries in Abortion, Legislation, Supreme CourtThis is what I’m talking about.
Don’t torture the Constitution to make it confess to a “right to privacy” that’s not there. Don’t make abortion legally protected based on Thad Stevens’ Reconstruction amendments. Most Americans want a right to privacy; most accept some form of legalized abortion. Make it explicit: pass an amendment.
Problematically, a right to privacy is not explicitly mentioned anywhere in the U.S. Constitution. The majority argued that the right was among the “unenumerated� rights implied by something called the “penumbrus,� which sounds like something that a sodomy law would prevent you from touching with your tongue.
… I find myself wondering why we don’t just put it in there? If the Republicans can propose a constitutional amendment banning gay marriage, can’t the Dems propose a “Right to Privacyâ€Â? amendment? Since the RTP is popular (unlike the anti-gay marriage amendment), the Dems should put it out there and let the Republicans run around the country explainging why they’re against a right to privacyâ€â€?not a winning position. Then, once it passes, we’ll be spared the debate over whether or not the RTP is in there every time a conservative is nominated to the Supreme Court.
The Right to Privacy Amendment�c’mon, Harry Reid, Barbara Boxer, Ted Kennedy, Patty Murray, Barak Obama! Propose it!
Hint: You’d get a lot of independent and moderate Republican support.
[Hat tip: Sully]
This entry was posted on Thursday, November 3rd, 2005 and is filed under Abortion, Legislation, Supreme Court. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
November 4th, 2005 at 5:26 am
You know, that’s the kind of bold thinking that like to see. That’s the kind of brazen, principled, and broad-thinking approach that the Dems should get back to. Although you could argue that the 9th amendment sort of implies the right to privacy, a constitutional amendment would clarify this in plain language.
Although, as a pro-life liberal, I do have concernd about whether the woman’s privacy rights trump that of the unborn child.