If Rush is willing to argue that case he should not only have the ACLU on his side but also the Baby Killers at NARAL.
Rush is fighting in state courts. The right to privacy is a explicit right in the Constitution of the State of Florida:
SECTION 23. Right of privacy. Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.