Dangerous Attacks on Freedom
In the give and take at the Senate Judiciary Committee hearings on President Joseph R. Biden’s nomination of Judge Ketanji Brown Jackson to the Supreme Court, and in commentary about that give and take, a dangerous line of argument emerged from some senators over the role of the court in our lives.
One senator suggested that the lawfulness of interracial marriage should be left up to the states. Another questioned whether privacy is protected by the Constitution. And a third, himself a former state supreme court justice, professed difficulty accepting the court’s protection of certain fundamental rights from government regulation.
None of this had anything to do with Judge Jackson and whether she is qualified to sit on the court. All of it had to do with senators playing to their political bases back home. Some of this play — though, of course, constitutionally protected speech — is dangerous to personal liberty.
Here is the backstory.
In the early 1960s, a gynecologist at Yale Medical School challenged a Connecticut statute that prohibited the distribution of contraceptives to married couples. He gave them to anyone of age who sought them. He was convicted in a state court, and when his conviction was upheld by Connecticut’s highest court, he appealed to the U.S. Supreme Court.
In a landmark ruling, the court recognized the right to privacy of all persons in America when making decisions about bodily intimacy and thereby invalidated state laws that purported to tell people how to engage in sexual intercourse.
The 1965 case is called Griswold v. Connecticut, and it is the progenitor of the concept of substantive due process. The court found that the framers of
Article from LewRockwell