At SCOTUSBlog, which tracks and analyzes legal cases and the U.S. Supreme Court, there is a posting about Justice John Paul Stevens and privacy. Justice Stevens has announced his retirement, and President Obama has nominated Solicitor General Elena Kagan to replace him.
For Justice Stevens, the right to privacy was not a “so-called” one because the specific rights it protected were of less than constitutional dimension. Hardly. It earned its label, rather, because those specific rights were so significant, so important to the dignity of a free people, that “privacy” was an inadequate umbrella. Like Justice Harlan before him, Justice Stevens has long believed that the appropriate doctrinal home for these rights was not the awkward right to privacy, but the right to liberty protected directly by the Due Process Clause (which he calls the “liberty clause”) of the Fifth and Fourteenth Amendments.
Read the whole post at SCOTUSBlog.