I just wanted to point your attention to a very well written diary at DailyKos by a poster known as ‘Categorically Imperative.’ The author looks in the second half of the entry at Roberts and the right to privacy, something to which I have blogged on a number of times. In particular he looks at the arguments of constructionists which ironically in the sense of the GOP, has come to resemble a position that is antithetical to the Federalists they adore. After all it was the Federalists who worried that creating a Bill of Rights would give the notion that if the right has not been enumerated, it doesn’t exisist, which is simply not the case.

Roberts appears to be of the view that the cases recognizing a right to privacy are a form of judicial lawmaking that undermines the constitutional system set up by the Framers. In that system, judges do not stray from the strict limits of their role as interpreters of the constitutional text, and they certainly do not announce “rights” that are not specifically enumerated in the Constitution and which are based on their own personal preferences and views of what is right or just.

The author continues with great examples and thoughtful analysis, you all should give it a read.

Additionally, I renew my statements that privacy is this man’s weakness, and I want to know before the Senate during the confirmation hearings, what are his views on privacy. As I’ve stated, privacy will be at the heart of some of the most important cases the Court will hear during his tenure if confirmed. What views does he hold about key cases like Roe and Griswold? Let’s hope they’re nothing similar to the opinions of Senator Santorum.

Finally, I feel I should address that in earlier posts regarding Roberts I wasn’t advocating going after him just to go after him. Roughing him up, as I phrased it, meant asking plenty of tough questions and not allowing a simple process. I feel that these concerns over his views on privacy are exactly the type of questions I was talking about, and hope to have answered. Because as it stands, each day makes me think he’s more anti-privacy then before, and if that is the case, then I’ll be completely against this nomination, despite at first beginning hopeful.