"If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. There are three problems with this. First, Eisenstadt was a case based on the Equal Protection Clause of the Fourteenth Amendment, not a privacy case, so Brennan’s reference to privacy was gratuitous dicta,” in the words of Edward Lazarus, a former law clerk to Justice Blackmun. The second is the logical fallacy in the bare assertion “if the right of privacy means anything, it is. . . . “ This is a classic ipse dicit (“It is true because I say so.”). It is simply an assertion of judicial will. Start with the abre assertion, and the sentence can be finished with anything, or at least anything that can be politically sustained."
January 1, 1970