Nov162009

From Cross Creek to … Abortion?

Last week, because I wanted to mock the strange conservative political infatuation with Republican senate candidate Marco Rubio — a run-of-the-mill corporatist if there ever was one — I spent a few minutes on Rubio’s website looking for policy specifics. I did not find many. But I did stumble across one intriguing passage. In criticizing new U.S. Supreme Court Justice Sonia Sotomayor, Rubio wrote:

I have more specific concerns about her case history and testimony regarding the Second Amendment at the state level, eminent domain takings and the so-called constitutional right to privacy [emphasis mine] that resulted in the Roe v. Wade decision.

Hmm. I’ve always thought of the Cross Creek Trial and its privacy claims in speech terms. But, of course, as Rubio points out, legal abortion also relies on the concept of privacy as an enforceable right under the U.S. Constitution. I wonder if the clear establishment of the right of privacy in Florida law that emerged from the Cross Creek trial bears at all on the federal abortion ruling that followed almost 30 years later. It sharpens a larger question I need to answer: What, if any, practical implications emerged from the establishment of a Florida state right to privacy? Any lawyers who might happen upon this, please weigh in.

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