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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Neocon who wrote (84859)	11/8/2004 2:22:01 PM
From: Lane3	Read Replies (1) \| Respond to of 793801

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.

To: Neocon who wrote (84859)	11/8/2004 3:49:32 PM
From: carranza2	Read Replies (1) \| Respond to of 793801

than it [right to privacy] can be overridden as a matter of legislative deliberation. No, indeed! That's the whole point about the right to privacy--if the state interferes with a recognized privacy right, the state can be judicially prevented from doing so. It's what happened in the contraceptives and the abortion but not in the right-to-die cases. The Fourth Amendment only tangentially supplies support for the right to privacy. It guarantees our right to be free from unreasonable searches and seizures but does not deal with behavior, which the right to privacy primarily addresses.