Comment by syntheticcdo

Griswold found a person has a right to decide, together with their doctor, what course of medical treatment is best for their particular needs.

Do you support that right at all beyond contraception (and abortion)? For example, do you support my doctor's right to prescribe to me all the pain medication that he and I think is appropriate for my painful, terminal disease? Or to prescribe me LSD or other hallucinogens to treat my PTSD?

It seems to me that Griswold should be invalidating most of the role of the FDA, except in an advisory capacity. But I don't think that's what most people who were aghast at overturning Roe believe.

Would you have been willing to allow, say, Texas or Tennessee, to decide that their resident doctors could tell their patients that there was no need for taking the COVID-19 vaccine, or to wear masks, or social-distance; and there could be no repercussions against patients for exercising those rights?

Support for the arguments Roe was based on seems to be highly dependent on where you want to apply those arguments. That doesn't seem very intellectually honest.

Your question asks whether I “believe such a restriction should be constitutional.” I’m obviously not in a place to decide what “should” or “should not” be in the constitution—the document is what it is.

If your question is whether I think the Griswold was correctly decided, the answer is obviously not. Regulating access to medications obviously falls within the police power of state governments, and I don’t think the constitution has a special carve out for particular types of medications. In fact I think this was an extraordinarily easy case as a legal matter, and the fact that the Supreme Court got it wrong demonstrates how intellectually sloppy a lot of mid-20th century precedent was.