Tuesday, August 16, 2005

Roberts & the Right to Privacy, Part 4

The USA Today has an editorial today discussing John Roberts and the right to privacy. In the editorial they include an interesting run down of the cases involving the "right to privacy." Looking at this list, it does seem the term "right to privacy" is vague at best, covering the right raise your own children to the right to refuse surgery or purchase birth control. It would also seem that it might to transcend party and ideological lines. In any case, the right is a right of control, over choices, over family, and over the individual body.

From the USA Today:

1789-91: Bill of Rights adopted to include protection for various forms of privacy; Ninth Amendment affirms
rights "retained by the people."

1878: Supreme Court rules mail private.

1891: Court rules in forced-surgery case that "no right is more sacred than the right to control of his own person."

1925: Family privacy ruled to include right to determine children's education.

1965-72: State bans on birth control overturned as privacy violations.

1973: Bans on abortion overturned.

2003: Bans on gay sex overturned.

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