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Liberty News ForumLNF Forums HerePolitical Opinion Page - The Hot Seat › Should Griswold be discussed now or after the 5 "vote" to end privacy
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Hot Topic (More than 10 Replies) Should Griswold be discussed now or after the 5 "vote" to end privacy (Read 221 times)
billy.pilgrim
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Should Griswold be discussed now or after the 5 "vote" to end privacy
Jul 10th, 2018 at 11:40am
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Overturned and even putting an aspirin between their knees could be illegal (not really, but the condom might be.

Some on the right should be careful what they wish for.
  

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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #1 - Jul 10th, 2018 at 12:41pm
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The worst judge in the history of the supreme court, William O. Douglas, said that the "right to privacy" was to be found in the "penumbras" and "emanations"  of the Constitution.  Smiley

Meaning, it isn't really there.

But wait!  Maybe it IS there!  It's just hiding in the shadows.  Maybe it's crawled under the covers.  It COULD be haunting the basement of the Constitution.  Maybe it's a poltergeist around the margins.  Grin
  
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billy.pilgrim
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #2 - Jul 10th, 2018 at 1:28pm
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patrick2 wrote on Jul 10th, 2018 at 12:41pm:
The worst judge in the history of the supreme court, William O. Douglas, said that the "right to privacy" was to be found in the "penumbras" and "emanations"  of the Constitution.  Smiley

Meaning, it isn't really there.

But wait!  Maybe it IS there!  It's just hiding in the shadows.  Maybe it's crawled under the covers.  It COULD be haunting the basement of the Constitution.  Maybe it's a poltergeist around the margins.  Grin



Douglas wrote for the majority in confirming that the Constitution does exist.

Attacking him would have to mean that you favor Justice Black. He said thatargued the right to privacy does not exist in the Constitution.


Coming soon to a court near you, The Repealing
  

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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #3 - Jul 10th, 2018 at 4:18pm
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billy.pilgrim wrote on Jul 10th, 2018 at 1:28pm:
Douglas wrote for the majority in confirming that the Constitution does exist.

Attacking him would have to mean that you favor Justice Black. He said thatargued the right to privacy does not exist in the Constitution.


Coming soon to a court near you, The Repealing


English is the language used in this forum, please post in that language.  Roll Eyes
  
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Demos
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #4 - Jul 10th, 2018 at 4:24pm
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patrick2 wrote on Jul 10th, 2018 at 12:41pm:
The worst judge in the history of the supreme court, William O. Douglas, said that the "right to privacy" was to be found in the "penumbras" and "emanations"  of the Constitution.  Smiley

Meaning, it isn't really there.

But wait!  Maybe it IS there!  It's just hiding in the shadows.  Maybe it's crawled under the covers.  It COULD be haunting the basement of the Constitution.  Maybe it's a poltergeist around the margins.  Grin

Does a right have to be enumerated in the Constitution to exist?
  
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patrick2
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #5 - Jul 10th, 2018 at 4:55pm
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Demos wrote on Jul 10th, 2018 at 4:24pm:
Does a right have to be enumerated in the Constitution to exist?


You raised a good point.  While the Ninth Amendment certainly was adopted to protect the people, it's problematic.  Do fetuses have an unenumerated right to live?  The problem with the Ninth Amendment has to do with the rise of "activist" justices in the mid 20th century.  The Ninth can and has imo been misconstrued as a loophole you can drive a truck through.  Any "activist" judge can say anything is an unenumerated right.
  
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #6 - Jul 10th, 2018 at 5:04pm
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billy.pilgrim wrote on Jul 10th, 2018 at 11:40am:
Overturned and even putting an aspirin between their knees could be illegal (not really, but the condom might be.

Some on the right should be careful what they wish for.

Are you sure it wasn't Russia who picked Kavanaugh? I mean you liberal loons blame everything else on Russia why not this too?
  

LIBERAL LOONS AMERICAS BEST ENTERTAINMENT VALUE
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Demos
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #7 - Jul 10th, 2018 at 5:29pm
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patrick2 wrote on Jul 10th, 2018 at 4:55pm:
You raised a good point.  While the Ninth Amendment certainly was adopted to protect the people, it's problematic.  Do fetuses have an unenumerated right to live?  The problem with the Ninth Amendment has to do with the rise of "activist" justices in the mid 20th century.  The Ninth can and has imo been misconstrued as a loophole you can drive a truck through.  Any "activist" judge can say anything is an unenumerated right.

It's a tricky issue (and one foreseen). Personally, I'd rather the court err on the side of an expansive view of the 9th Amendment, simply to avoid restricting rights. I do think there is some guidance in common law that should be relied upon before going hog wild though.
  
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billy.pilgrim
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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #8 - Jul 10th, 2018 at 5:30pm
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patrick2 wrote on Jul 10th, 2018 at 4:18pm:
English is the language used in this forum, please post in that language.  Roll Eyes



Sorry for the typo, even then it was easily understood, but you elected not to.


In your first response, where you attacked the majority opinion, you must be taking the minority opinion.

The minority said that there is no right to privacy found in the constitution.

Your new religious court may look at this again.
  

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Re: Should Griswold be discussed now or after the 5 "vote" to end privacy
Reply #9 - Jul 10th, 2018 at 5:37pm
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billy.pilgrim wrote on Jul 10th, 2018 at 5:30pm:
Sorry for the typo, even then it was easily understood, but you elected not to.


In your first response, where you attacked the majority opinion, you must be taking the minority opinion.

The minority said that there is no right to privacy found in the constitution.

Your new religious court may look at this again.


The only place it could be reasonably argued such a right exists is in the ninth Amendment, a position taken by only one of the majority judges, and as I said, even that is problematic for me.
  
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