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In the Constitution there is not a right to privacy explicitly guaranteed, however for more than a century there is an implicit right to privacy which can be de
by loxias 4y ago
In the Constitution there is not a right to privacy explicitly guaranteed, however for more than a century there is an implicit right to privacy which can be derived from aspects of the Constitution and is supported by court cases.
Griswold v Connecticut, the SCOTUS case which ruled that Americans have a right to purchase birth control without the government getting involved cited the 4th amendment, protection against unreasonable searches. The 3rd amendment guarantees the privacy of your home for housing troops. The 9th amendment says non enumerated rights default to the people, which has also been interpreted as a right to privacy. SCOTUS in Griswold has also agreed that the due process clause of the 14th, which prohibits "[deprivation] of life, liberty, or property, without due process of law" provides a right to privacy.
However, thanks to a failed reality TV star, the current 6-3 conservative YOLO court has thrown precedent out the window, picking outcomes first and then backsolving arguments to arrive at the desired result. Stare Decisis is for suckers, and a newly emboldened Alito instead makes decisions on the basis of what (or what not) is "deeply rooted in this Nation's history and tradition" as opposed to, for example, logical reasoning and precedent.
TL;DR: In overturning Roe v. Wade -- the lifetime goal of the conservative movement -- the Supreme Court also broke a whole bunch of other shit. Internal consistency is no longer a requirement for SCOTUS rulings.