It sounds like something Rehnquist would have written. William Rehnquist didn't believe there is a right to privacy either.
"Jack M. Balkin" is an American legal scholar. He is the Knight Professor of United States Constitution/Constitutional Law and the First Amendment to the United States Constitution/First Amendment at Yale Law School. Balkin is the founder and director of the Yale Information Society Project (ISP), a research center whose mission is "to study the implications of the Internet, telecommunications, and the new information technologies for law and society." He also directs the Knight Law and Media Program and the Abrams Institute for Free Expression at Yale Law School.
Balkin publishes the legal weblog/blog, Balkinization (Blog)/Balkinization, and is also a correspondent for The Atlantic.
More Jack Balkin on Wikipedia.What Roe v. Wade Should Have Said: America's Top Legal Experts Rewrite America's Most Controversial Decision.
If he sides with the liberals then it doesn't matter what O'Connor does.
Individual plaintiffs would have to go into court and show the regulation was unconstitutional as applied to them, and over time different plaintiffs would chip away at the unconstitutional features of a new abortion regulation. It would be time consuming and expensive, ... What Roe v. Wade Should Have Said.
It would not be (illegal) under child pornography laws because no actual child was used in the act. Child pornography laws receive special treatment under the First Amendment because children are sexually abused and people traffic in the results of that abuse.
Rights are most secure when they are supported by legislative enactment.
My suspicion is Kennedy probably will not want to adopt a rule that would gut the practical effect of Casey, which is a decision he wrote, ... On the other hand, he might choose a narrower way of upholding the New Hampshire law. He might remand to see if the health exception can be applied in the language.
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