Outline what you are referring to as a sensible Fourth Amendment based ruling.
Sorry. Don’t have the legal knowledge to do so. A sensible decision would not be based on ‘penumbras’ of the Fourth.
After ‘Roe’ abortion will be a political question. Until the Second Coming I expect it to be allowed. People are just not that good.
PMFJI, but I think what we’re getting at belongs in the “Judicial Overreach” category. When the Supreme Court did what it did in Roe, it short-circuited the political debate.
Bear in mind the time and context of the decision. The ERA was on the table. Nixon had created significant big state agencies such as EPA, and the Department of Energy was not far behind. Earl Warren was no longer Chief Justice. The Burger court held the concept of federal courts acting when the state legislatures wouldn’t.
IANAL. I believe, even still, Roe represented a wave of judicial thinking that crested. As the justices realized what that decision had done to the nation, and conservatives began to make the case judges were inventing laws where none existed, the pendulum started swinging back. Where it stops...