Monday, January 24, 2011

Roe's "Right to Privacy"? Nope

Provocative, if a little late:

“What, exactly, is the problem with Roe? The problem, I believe, is that it has little connection to the Constitutional right it purportedly interpreted. A constitutional right to privacy broad enough to include abortion has no meaningful foundation in constitutional text, history, or precedent - at least, it does not if those sources are fairly described and reasonably faithfully followed.” --Ed. Lazarus, clerk to Blackmun

It's what you call a "triumph" of Legal Positivism.

HT: AmSpec

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