I was worried about J.R’s answer when he started out, but I wonder if his “emanations and penubras” is a signal not to worry (this is a very rough transcript from Senate):
I agree with the gris wald’s court that marital privacy extends to contraception and availability of that. The court, since griswold, has grounded the pry si in the liberty interest protected under the due process clause. That’s the approach that the court has taken, in subsequent cases. Rather than in the [penumbras] and emnations discussed in justice douglas’ opinion. And that view of the result is, i think, consistent with the subsequent development of the law, which is pro fussed on the due process clause rather than justice douglas’ approach.
I am also told–by more legal minds than mine–that Justice Thomas gave a similar answer during his hearing.





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