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The Paradox Of Family Privacy, David D. Meyer

Vanderbilt Law Review

When it comes to the nature of the Constitution's protection for freedom of choice in matters relating to family life, there is wide agreement on perhaps only two points: first, that the subject raises "questions of unsurpassed significance in th[e] Court's interpretation of the Constitution,"' and, second, that the Court's halting passes at these questions have left its family privacy doctrine in a state of unsurpassed disarray. The significance of the questions is transparent. A comprehensive account of the subject calls for answers to the most basic and intractable problems of judicial review, answers that might justify the judiciary's role …