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But that doesn't mean justices can't mature on the bench. Take, for example, Justice Clarence Thomas. During his confirmation hearings 12 years ago, Senate Democrats grilled him for his views on a constitutionally protected right to privacy.
Under questioning from Sen. Joseph R. Biden Jr. (D-Del.), Thomas said that his "view is that there is a right to privacy in the 14th Amendment."
Former senator Dennis DeConcini (D-Ariz.), a key moderate, focused on the issue in a floor speech announcing his support for Thomas.
"This is a very important point," DeConcini said. "I was also pleased to hear that Judge Thomas agrees that the fundamental right to privacy also extends to non-married individuals. He repeatedly stated that he agreed with the Supreme Court's leading precedent in this area," which "extended the right to privacy stated in" Griswold v. Connecticut, a case dealing with the right of married couples to buy contraceptives.
DeConcini, a Judiciary Committee moderate, was a critical swing vote in the 52 to 48 confirmation vote for Thomas.
But in the court's ruling in June striking down anti-sodomy laws, Thomas dissented, saying: "And just like Justice Stewart, I 'can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy,' " quoting Potter Stewart's dissent in the Griswold case.
(via Big Media Matt)