If Connecticut's contraceptive law was outdated and purposeless, the answer was simple: for voters to overturn it. Both the dissenters in the case, Justices Hugo Black and Potter Stewart noted that they opposed the Connecticut policy, but that didn't make it unconstitutional.

Roe v. Wade relied on the same amorphous right to privacy and featured the same tenuous or nonexistent constitutional reasoning. In his decision, Justice Harry Blackmun cited the American Medical Association, the American Public Health Association, the American Bar Association and — but, of course — the "Ephesian, Soranos, often described as the greatest of the ancient gynecologists."

"'Privacy' [has] functioned as a euphemism for immunity from those public-morals laws deemed by the justices to reflect benighted moral views," write scholars Robert P. George and David L. Tubbs. From a right for married couples to obtain contraceptives, it has evolved into a constitutional right of homosexuals to engage in sodomy (in the case of Lawrence v. Texas in 2003) and then the right of gays to marry, in a 2003 Massachusetts-supreme-court decision.

The Court has created rights from nothing before. As George and Tubbs point out, from 1890 to 1937, it struck down social-welfare legislation because it supposedly violated a right to "liberty of contract" that had no constitutional basis. It reversed course in 1937 and admitted it had been imposing its own policy preferences. The Supreme Court won't return to its proper, limited role in American governance until it does the same with the mythical "right to privacy."