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Politics : Politics for Pros- moderated
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To: Neocon who wrote (84859)11/8/2004 2:22:01 PM
From: Lane3  Read Replies (1) of 793800
 
My argument is that if privacy can be violated upon the determination of probable cause and issuance of a warrant by a magistrate/trial judge, than it can be overridden as a matter of legislative deliberation.

I think that nexus is iffy. It seems to me that the legislative deliberation would have to be as scrupulous as the issuance of a warrant. Legislative deliberation often isn't.

Thus, there can be no right to an abortion per se based on the right to privacy.

I will not argue that the threshold for intrusions of privacy is so high that abortion flows readily under it. I think the case, or at least aspects of it, can be reasonably argued either way, which is in part why this is such a knotty issue.

The right to privacy can be weighed against the reasoning for the statute by the legislatures.


Yes, but I don't accept that as the final authority. Legislatures can be frivolous and they can be overbearing. I'm happy to have "equal protection" of my right of privacy as a fail safe.
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