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Comment by yanderekko | Hacker News Reader

Yep. Roe vs. Wade was one of the most egregious examples of "legislating from the bench" in the latter 20th century? How many people who would hand-wring over recent SCOTUS decisions oppose Roe on these grounds? Or is this a convenient exception? Griswold? How about Lawrence vs. Texas?

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Please explain how Henry Wade could enforce the overturned Texas Penal Code statutes without violating the constitutional right to privacy.

In the right to privacy is so broad that it applies to abortion, it should also apply to self-medicating yourself with narcotics. I'm not saying that decriminalization of drugs is a bad thing, but it's something that obviously shouldn't be decided by the Supreme Court.

Yep, and if it applies to abortion, why not third-trimester abortion? Why is that relevant to a privacy interest?

Where is the right to privacy in the Constitution, btw? Sounds like the whole thing is legislating from the bench! Maybe we should bring back Lochner-style scrutiny of minimum wage laws under a newly-discovered "right to earn a living"?

> Where is the right to privacy in the Constitution, btw?

People inevitably making this argument was actually the primary argument against adopting a Bill of Rights at all, and the Ninth Amendment was the compromise solution to have some enumerated rights while hoping to negate this exact argument.

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