NASA v. Nelson
562 U.S. ___ (2011)

Annotate this Case

562 U. S. ____ (2011)
562 U. S. ____ (2011)
562 U. S. ____ (2011)
SUPREME COURT OF THE UNITED STATES
NO. 09-530

NATIONAL AERONAUTICS AND SPACE ADMIN- ISTRATION, et al., PETITIONERS v. ROBERT M. NELSON et al.

on writ of certiorari to the united states court of appeals for the ninth circuit

[January 19, 2011]

   Justice Thomas, concurring in the judgment.

   I agree with Justice Scalia that the Constitution does not protect a right to informational privacy. Ante, at 1 (opinion concurring in judgment). No provision in the Constitution mentions such a right. Cf. Lawrence v. Texas, 539 U. S. 558, 605–606 (2003) (Thomas, J., dissenting) (“I can find neither in the Bill of Rights nor any other part of the Constitution a general right of privacy … ” (internal quotation marks and brackets omitted)). And the notion that the Due Process Clause of the Fifth Amendment is a wellspring of unenumerated rights against the Federal Government “strains credulity for even the most casual user of words.” McDonald v. Chicago, 561 U. S. ___, ___ (2010) (Thomas, J., concurring in part and concurring in judgment) (slip op., at 7).

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