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View Diary: Opening the Door (281 comments)

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  •  I have to disagree with Armando on this (none)
    Armando says

    He stated expressly and unequivocally "The Constitution recognizes a right to privacy." but then he specifically omitted mentioning the 9th Amendment.  

    Armando says that's ok because the ninth doesn't create rights it just recognizes unenumerated rights. But note that in Roberts' answer he wasn't talking about where the constitution creates privacy rights but where it recognizes privacy rights.  Words matter, especially when chosen with as much care as in this matter.

    Consider - he had to the chance to mention the Ninth and chose not to. That's significant.  A nod to Griswold is not an embrace of Griswold.  You should be careful not to fall for a feint.

    Let me put it another way.  If Roberts believes that the Constitution recognizes the right to privacy specified in certain amendments to the Constitution but does not believe in a generic unenumerated right to privacy under the Ninth - how would his answer have been any different?

    If you want something other than the obvious to happen, you've got to do something other than the obvious...

    by trillian on Tue Sep 13, 2005 at 09:10:01 AM PDT

    [ Parent ]

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