One aspect of the Planned Parenthood speeches that didn’t make it into my TAPPED coverage was discussion of Roe”s place in constitutional law. Of course, the major critique of Roe heard from abortion rights supporters is that because the ruling is based on an individual’s right to privacy–her ability to make medical decisions without intervention from the state–it will always be under attack, since privacy is not an explicitly guaranteed right in the Constitution.
But the Constitution does allow citizens to refuse to quarter soliders. That’s an implicit right to privacy, isn’t it? The Supreme Court has also overturned sodomy bans based on the right to privacy.
Without being asked about this last night, Hillary said, "Privacy is assumed in everything that the constitution stands for. How can you have freedom of speech and freedom of conscience if you don’t have a right to privacy?”
Obama mentioned that when he taught con law at the University of Chicago, he discussed Roe not in the context of abortion politics or privacy law, but as a key ruling on civil rights.
I’m no law expert, but I liked the legal justifications both candidates relied upon.