Imaginary rights are easier to swallow if they are consistent with the country's traditions and practices, not to say normal human impulses.
Except that since there really is no "right to privacy," there could be no way to define or limit the make-believe right. Before you knew it, the exalted "right to privacy" included the right to kill babies. That didn't sound so plausible anymore.
Indeed, the phony right to privacy, as interpreted in Roe vs. Wade, overruled the laws of all 50 states, most of which criminalized abortion at the time. Today -- still -- 30 years later, support for that decision is at an all-time low, from an anemic 56 percent in 1991 to 43 percent this year.
This despite the rather hefty leg-up Roe gave the pro-abortion forces by declaring abortion not merely legal, but a full-blown constitutional right. As prohibitionists learned with the 21st Amendment and abolitionists learned with the Civil War, once something has been legal for awhile, it's hard to persuade its devotees to give it up.
Moreover, at least Roe gave the states authority to ban abortion in the third trimester. The current Supreme Court has managed to locate a constitutional right to suck the brains out of a baby who has made it well past the third trimester and right into the birth canal.
It was bad enough when the Supreme Court hallucinated new constitutional rights to minor and relatively noncontroversial things, like contraceptives for married couples. The current Supreme Court is hallucinating constitutional rights to macabre, blood-curdling procedures opposed by a huge majority of Americans.
Someday I'd like to see a true right-wing court just to demonstrate what "conservative" judicial activism would really look like. To correspond to the "living Constitution" wielded by liberal jurists, the court would have to start discovering constitutional clauses invalidating the income tax, prohibiting abortion across the nation, and protecting the right to suck the brains out of Democrats -- all in the penumbras, you understand.
It would be a lot of fun for a few months, and then the justices could admit it was just a joke and overrule it all. We could go back to living under a Constitution and not a tyranny of disassociated lunatics. Best of all, we probably wouldn't hear so much about judicial restraint being a partisan issue anymore.
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