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Unformatted text preview: omething else; but there was no doubt that it was not in any sense merely positive law. Since Griswold, the right to privacy there stated has been a litmus test of one's constitutional credentials as a scholar or (would-be) judge: liberal or conservative, activist or textualist, and so forth. The question whether there is such a right and the constitutional question are not just the same, however. For one might believe that there is a right but that it is not embodied as such in the Constitution. It is only the former question with which I am concerned here. PRIVACY IS A NATURAL RIGHT The Right To Privacy,pg165-185. Scott D. Gerber,Senior Research Scholoar in Law and Politics at the Social Phiosophy and Policy Center at Bowling Green State University. 2000. The executive director of the Planned Parenthood League of Connecticut and a physician teaching at the Yale Medical School were convicted in a state court for giving birth control information to a married couple. The U.S. Supreme Court, in a 7--2 vote, declared the statute an unconstitutional infringement on marital privacy and overturned the convictions. Writing for the majority, Justice William 0. Douglas argued that while there is no "right of privacy" mentioned in the Constitution, such a right can be inferred from the existence of "penumbras" that are formed by "emanations" from provisions of the Bill of Rights that recognize "zones of privacy." SLHS Value File Supreme Court ratifies right to privacy Jed Rubenfeld, Harvard Law Review, THE RIGHT OF PRIVACY,FEBRUARY, 1989,p. 4 The Court first announced the new privacy doctrine twenty-four years ago in Griswold v. Connecticut. n44 In Griswold the Court invalidated statutes prohibiting the use and distribution of contraceptive [*745] devices. n45 Eschewing an approach explicitly grounded in Lochnerian substantive due process, n46 the Court stated that a "right to privacy" could be discerned in the "penumbras" of the first, third, fourth, fi...
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This document was uploaded on 11/20/2013.
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