# Was Judge Roberts in the Federalist Society?  Does it matter?

**URL:** <https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170>\
**Category:** Great Debates\
**Created:** [July 26, 2005, 3:48am UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170 "2005-07-26T03:48:18Z")\
**Posts on this page:** 5\
**Page:** 7

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [August 1, 2005, 11:49pm UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170/121 "2005-08-01T23:49:34Z")

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> [@Bricker](#):
>
> Sure. I agree it’s settled law, as I said above.
> 
> Of course, _Bowers v. Hardwick_ was settled law in 2000, come to think of it.
> 
> Was _Lawrence v. Texas_ “radical?”

When taken in context with other right to privacy decisions, there’s nothing radical about Lawrence vs Texas. Bowers was an anomoly that wasn’t in line with those other decisions.

I presume that if Roe vs Wade is overturned, you’d also overturn every single case ever decided to invoked the “right to privacy”. The whole house of cards would come crumbling down. THAT is a radical move.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [September 13, 2005, 9:18pm UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170/122 "2005-09-13T21:18:20Z")

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I guess it’s timely to revive this thread, since Roberts is now coming up for a confirmation vote. Does anybody have anything to add?

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [September 13, 2005, 9:19pm UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170/123 "2005-09-13T21:19:36Z")

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And I repeat my earlier question to **Bricker:** If you would support a “right to privacy” amendment to the U.S. Constitution – one which emphatically would not guarantee the right to abortion – then what, specifically, would it guarantee?

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 13, 2005, 9:24pm UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170/124 "2005-09-13T21:24:42Z")

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> [@BrainGlutton](#):
>
> And I repeat my earlier question to **Bricker:** If you would support a “right to privacy” amendment to the U.S. Constitution – one which emphatically would not guarantee the right to abortion – then what, specifically, would it guarantee?

It might guarantee the right to consensual sodomy as outlined in _Lawrence_. It might guarantee the right to practice contraception as discussed in _Griswold_.

There’s a whole long list of invented rights hung onto the “privacy” pin that I think are wise and valuable things to have… but as real, written guarantees, not invented out of the minds of cleverly creative jurists.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [September 13, 2005, 10:16pm UTC](https://boards.straightdope.com/t/was-judge-roberts-in-the-federalist-society-does-it-matter/314170/125 "2005-09-13T22:16:14Z")

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> [@Bricker](#):
>
> It might guarantee the right to consensual sodomy as outlined in _Lawrence_. It might guarantee the right to practice contraception as discussed in _Griswold_.

I could get behind that . . . just for the sake of seeing the words “sodomy” and “contraception” in the Constitution . . . 😃

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