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Image borrowed from ratiojuris.blogspot.com |
Griswold v. Connecticut challenged a law that prohibited the use of any drug to prevent pregnancy in the state of Connecticut. The law was eventually overturned due to the fact that it violated marital privacy. What was peculiar, though, was that privacy is not mentioned in the Constitution or the Bill of Rights. Justice William O. Douglas wrote that the right to privacy was found within other constitutional rights.
The law was invalidated by a vote of seven to two. The two Justices that voted to uphold the law were Hugo Black and Potter Stuart. Black was vehemently against the ruling and openly criticized the interpretations of the Bill of Rights made by his colleagues. Stuart, on the other hand, agreed morally with the ruling, but did not find any evidence in the Constitution to uphold it.
Griswold v. Connecticut has become the standard in interpreting the Constitution’s view on privacy, making it seem odd that the Patriot Act has never been retracted.
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