The mysterious case of Ms. Carrie Prejean

[kandrathe]

Afterthought: Neat from your link how Brandeis' opinion in Olmstead has become the scourge of movement conservatism, as the basis for Miranda, Roe, and Griswold, all widely hated judgments. Once you establish something so fundamental as a constitutional right to privacy, the implications are staggering.

Yes. For me... Chilling. :) They may have been hated at the time, however, are they all still hated?

Regarding Griswold v. Connecticut, it is hard to believe anyone in this age who wouldn't find that contraceptive use as a private matter. The only possible concern that I could see that the government might have would be in safety, as they would in any other consumer product.

Also, I'm not sure what "conservative" today is against Miranda... It should be noted that while Brandeis is referenced in some of those cases, they mostly reference the language of the personal privacy precedence. For example, in Miranda v. Arizona, they cite the reference to "Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means . . . would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face." Olmstead v. United States Which, as a statement, leads me again to ponder again our recent conversation about the use of torture.

In Roe v. Wade, they reference Olmstead in reference to the nature of government's invasion into reproductive privacy. I respect that position as well. In my own personal position on abortion, I try to consider the Constitutional rights of the unborn citizen or soon to be citizen. As has been chronicled in the recent news accounts of the parents seeking to withhold the cancer treatment from their child, parental rights only go so far when child welfare is at stake.