Does the presence of a fetus negate a womans right to privacy?
Having established strong evidence that the people enjoy a fundamental right to privacy, is it possible to divorce (as not a fundamental right) a woman’s right not to remain pregnant from a right to privacy? should the Court’s interest in curtailing the right under certain circumstances automatically subordinate the right of the woman to State interest? The vast preponderance of judicial review of rights has operated from the tenet that the Court first establishes whether, in fact, there exists the asserted right, and only then whether the state has compelling interest in curtailing it. This methodology has been criticized by conservative justices in Michael H. v Gerald D. in which Justice Scalia protested, “We cannot imagine what compels this strangest procedure of looking at the act which is assertedly the subject of a liberty interest in isolation from its effect upon other people– rather like inquiring whether there is a liberty interest in firing a gun where the case at hand happ
