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Anotonin Scalia has become Robert Bork.

Robert Bork once said that Griswold v. Connecticut, the ruling that allowed women to discuss birth control with their physicians without the intereference of the government, and which ensured that such a conversation was private, was wrongly ruled: as he famously put it, "The sexual gratification of one group is being elevated the the anguish of another group's moral gratifications. Nowhere in the Constutition do we find the imposition of a heirarchy of gratifications."

Scalia has now embraced this argument fully. There is no right to privacy to be found in the Constution.

Many constitutional scholars feel otherwise. Primarily, they argue that the Sixth Amendment, the one about being required to board soldiers in one's homes, is a specific example of a generalized case: the government may not put monitors into your home without a warrant for a specified reason.

Re: What's "moral gratification"?

Date: 2012-08-02 07:01 pm (UTC)
From: [identity profile] elfs.livejournal.com
Yes. To which Bork might add, "And that is right and appropriate." It's a strain of American moralizing that goes back to well before the Revolution.
Edited Date: 2012-08-02 07:02 pm (UTC)

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Elf Sternberg

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