John Roberts, Roe V Wade, And The Right To Privacy

[DemocratSinceBirth]

The constitutionality of Roe v Wade rests on two constitutional amendments... The Fourth Amendment and the Ninth Amendment...

Fourth Amendment


The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Roe v Wade was an extension of the ruling in Griswold v Connecticut that overruled a Connecticut law that prohibited the sale of contraceptives....

I want to know if John Roberts believes a right to privacy can be found in the Constitution...

[delhurgo]

1. Yes, this is what Roberts needs to be asked.

How he interprets the Ninth Amendment and what his definition is of 'unenumerated rights'.

Today's 'strict constructionist' is exactly the kind of thing the Founders feared and why they almost decided against writing the Bill of Rights. They didn't want later generations to think that the Bill of Rights were the ONLY rights the people have. So they added the Ninth Amend to make sure the Supreme Court had wide room for interpretation to protect freedom/civil liberties from the gov't. The 14th Amend then applied that to all the states so that as a U.S. citizens you rights don't change depending on what state you live in.

The Right to Privacy and Roe v Wade are clearly a legitimate reading of the Constitution. Thats none of the gov'ts business. It wouldn't have been back when the Bill of Rights were ratified and it shouldn't be now.

[DemocratSinceBirth]

2. I Agree .....

I want to know if he believes a right to privacy can be found in the Constitution and if Griswold was correctly decided...


If not does he believe states can ban the sale of contraceptives and if taken to its logical conclusion can states imprison people for using contraceptives....

This is what doomed Bork....

He was specifically asked if a right to privacy can be found in the Constitution and he said no...