Penumbral Reasoning on the Right
Glenn Harlan Reynolds
University of Tennessee College of Law
University of Pennsylvania Law Review, Vol. 140, p. 1333, April 1992
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.
Number of Pages in PDF File: 16
Keywords: penumbral, constitutional law, Robert Bork, Griswold
Date posted: March 26, 2007