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The Supreme Court's Private Life
...And in 1973 the justices handed down Roe v. Wade, striking down state abortion laws nationwide.

The Roe decision met not only with academic criticism - some of the sharpest coming from liberal scholars like Archibald Cox and John Hart Ely - but also with resistance from people who opposed abortion as a form of prenatal homicide. Although Justice Harry Blackmun, in the majority opinion, dispensed with the metaphysics of penumbras and emanations, he could not identify a compelling constitutional grounding for the right to abortion. He simply declared that the words "nor shall any state deprive any person of life, liberty, or property, without due process of law," in the Fourteenth Amendment, were "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

What Blackmun never told us, and couldn't tell us, is why the due process clause - which on its face is concerned with procedural matters - should be interpreted in this sweeping way. On what constitutional basis can we say that abortion is protected by "due process" but a right to assisted suicide - unanimously rejected by the court in 1997 - is not? Why is sodomy protected and prostitution unprotected? Why does the right to privacy not extend to polygamy or the use of recreational drugs? ...