‘Justices who comprise the conservative majority on the Supreme Court have long been hostile to the right to privacy that was articulated in
Griswold v. Connecticut, which protects the right to use contraception. Strict textualist justices claim the word “privacy” is not in the Constitution and thus the right to privacy does not exist.
This is the same rhetorical move that Justice Alito makes in his leaked opinion overturning
Roe v. Wade. He claims that because the word “abortion” is not in the Constitution ... consequently the right to abortion does not exist.
The problem for our modern society is that many rights we care about have been protected as progeny of
Griswold. This decision also gave us
Loving v. Virginia, which invalidated an anti-miscegenation law, as well as
Windsor and
Obergefell, which articulated a right to marriage equality for same-sex couples.
After this [opinion],
Loving, Windsor, and
Obergefell are all on constitutionally thin ice. And the frustrating thing is Justice Alito’s ignoring the Ninth Amendment, which protects Americans’ unenumerated rights. As
Roe recognized 49 years ago, the right to abortion is protected by the Ninth Amendment.
Or at least it did until this opinion becomes the law of the land.'
Does Justice Alito’s draft opinion hint at future rollbacks on marriage equality, birth control, and other issues?
www.vox.com
Pursuant to this extremist, wrongheaded rightwing judicial dogma, conservatives will continue their attack on the rights and civil liberties of the American people, allowing government to interfere in all manner of personal, private matters clearly not within the purview of the state.