Reply #4: Not Exactly [View All]

[On the Road]

They COULD determine there is no constitutional right to privacy at all. It's an implied right, after all, and is not spelled out in so many words.

But it's a lot more likely that they would decide that abortion is not an exercise of the right to privacy. That's a more straightforward argument, and wouldn't affect things like spying on Americans.

I think Roe v Wade would have been a more solid decision if it were not based on privacy, but on the fact that a fetus up to X weeks is not a human being yet and as a nonperson does not have a legal right to life. That might suggest moving the date back a little from the end of the second trimester, but it would be based on science and avoid some of the misplaced rhetoric.