The Corner

Palin and Privacy

Those excerpts from Couric’s interviews give me more concerns about Biden than Palin. He seems to be under the impression that there’s a “liberty clause” in the Fourteenth Amendment (he has talked about it in Supreme Court confirmation hearings too). He misdescribes what Roe held. He seems to believe that Roe has been good for social peace and that this alleged fact justifies it as constitutional law.

Palin, meanwhile, is asked a somewhat oddly phrased question by Couric, and says, reasonably enough, that the Constitution protects a right to privacy. Now it is certainly and obviously true that the Constitution protects privacy: What else do the Third and Fourth Amendments protect, for example? There is nothing incompatible with either a pro-life point of view or originalism with saying that the Constitution protects privacy.

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