Enemy Combatant
Saturday, July 23, 2005
Family Matters
Let's consider a hypothetical: During the upcoming Senate hearings into Judge John Roberts' nomination to the Supreme Court, what if Senators began asking questions along the following lines: "Why did you and your wife adopt two children? Was it because your wife is unable to give birth? Or is because you have a low sperm count, or maybe erectile disfunction?"
"Also -- you waited till you were 41 to marry, and then adopted two children. Is this a 'Tom Cruise' marriage, or a real one?"
Outrageous, you say? Disgusting? Out of bounds? Intrusive questioning into personal family matters that no decent government should ask, and no self-respecting nominee should answer?
I'd say I agree with you. And I'm glad you agree with me, that there really is something called a "right to privacy" at risk here, if we were to allow such questioning.
Does it make any difference to this hypothetical whether or not the Congress had specifically passed legislation beforehand protecting Roberts' right to keep such family matters private? No? Then I'm glad you agree with me, again, that such a "right to privacy" must inhere in our Constitution, and doesn't require that Congress (or your state government) enact any laws in order to exist.
Finally, does John Roberts believe that our Constitution protects a "right to privacy" in family and personal matters? Of all the hypothetical questions I've posed here, that's the only one he really needs to answer.
