Good Result, Bad Process

One of my aphorisms is that when the government occasionally does the right thing, it’s almost always for the wrong reason. A federal appellate court has struck down an Alabama prohibition against ummm…”marital aids,” as unconstitutional.

This is an example of a desirable outcome from bad reasoning. The law was idiotic, but there is no “right to privacy” in the Constitution. Bork had it right here. One could argue (and I would) that there should be, but as the Founders wrote it, I don’t believe there is (which is why Roe v. Wade was such a flawed decision). Regardless of the fact that it was a dumb law, this was raw judicial activism. It would be much better to amend the Constitution to put in a real right to privacy.