Sen. Chuck Schumer said yesterday that Harriet Miers told him she was “not ready to give an answer” on whether the 1965 Griswold v Connecticut case was “settled law.” She also said she “had not taken a position” on the case in a letter to Sen. Arlen Specter. Griswold struck down a law that criminalized the use of contraceptives by married couples.
Coupled with her previous support for a constitutional ban on abortion, Miers’ silence on the case is notable. Even John Roberts, who refused to discuss his position on virtually any past decisions during his hearings, did state his support for Griswold:
I agree with the Griswold court’s conclusion that marital privacy extends to contraception and availability of that.
Miers should make her views on this case known. As the Griswold ruling demonstrates, it deals with fundamental issues of privacy and marriage rights:
The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. … Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship.