rogue@cellar.UUCP (Rogue Winter) (03/28/91)
Actually, the OLD Supreme Court recognised a right of privacy, but did not go far enough to declare it a fundamental right. It is an assumed right based mostly on the sixth, and somewhat on the fourth and fifth Amendments. It's greatest application was in Roe v. Wade (1973), which declared that a woman's right to privacy was superior to the vested interests of the state in most cases, and at varying times during a pregnancy. The fundamental right to privacy is not even believed in by the members of the Senate Judiciary Committee; during the confirmation hearings for Justice Anthony Kennedy, Senator Joe Biden asked the nominee: "Do you believe in a MARITAL [emphasis mine] right to privacy?" Kennedy answered, hedgingly, in the affirmative. Neither Kennedy nor any of the Senators expended on this question to debate the existence of an individual right to privacy, nor the fundamental nature of these rights. R-og Rache McGregor rogue@cellar.uucp