Sunday, November 27, 2005

Judge Friendly's pre-Roe Draft Opinion

For anyone who has not heard about this Judge Randolph speech at the last Fed Soc Lawyers Convention this November, he spoke about a never-published 1970 opinion by Judge Friendly on the first abortion case brought in a federal court.

His analysis is hostile to both the reasoning and the outcome in Roe.

Randolph argues that there is no "harm principle" in the Constitution; legislatures can regulate behavior without a requirement that that behavior be directly harmful to others. I wonder, natural rights folks, if the 9th Amendment might mean that Randolph is wrong?

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