Document Type
Article
Publication Title
University of Pennsylvania Law Review
Abstract
The use of penumbral reasoning in cases like Griswold v. Connecticut has received considerable criticism from so-called conservative constitutional commentators, most notably Robert Bork. This essay demonstrates that penumbral reasoning is also widely used by courts in service of results generally regarded as conservative, with much less controversy. Penumbral reasoning, it suggests, is an essential implement in the judicial toolbox, and worthy of more respect, and use, from courts that care about fidelity to constitutional text and structure.
First Page
1333
Last Page
1348
Publication Date
4-1992
Recommended Citation
Reynolds, Glenn Harlan, Penumbral Reasoning on the Right. University of Pennsylvania Law Review, Vol. 140, p. 1333, April 1992, Available at SSRN: https://ssrn.com/abstract=975140