Scott Pilutik

I am an attorney and consultant living and working in Manhattan, focusing primarily on church/state constitutional law. I'm a recognized expert on the Church of Scientology organization. I also have strong interests in intellectual property law where it intersects with emerging media, and free speech.

I support the efforts of the Americans United for Separation of Church and State, the Freedom From Religion Foundation, the National Lawyers Guild, the ACLU, Creative Commons, and the Electronic Frontier Foundation. I am a member of the New York County Lawyers Association and the New York State Bar Association. I also enjoy (watching) hockey and (doing) photograhy.

Online I can be found on Facebook, Twitter. My resume can be viewed here. I can be reached by phone at 212.645.6241 or by e-mail at pilutik[at]

roe v. wha?

We’ve had advance notice for the last few days that in the Sarah Palin interview with Katie Couric, Palin was unable to name another Supreme Court case besides Roe v. Wade. Troubling, yes, but it unfortunately eclipsed a more troubling answer, which occurred when Couric asked Palin if she thought there was a “right to privacy” to be found in the Constitution. Despite that Palin had just finished saying that she disagreed with Roe v. Wade, she answered “yes,” that there is a right to privacy to be found in the Constitution.

The unenumerated “right to privacy,” found in the due process clause of the 14th Amendment, is, of course, the underlying basis for Roe v. Wade–ask any self-described “strict constructionist” conservative, as they’ve been howling at the moon for years over this.

Thus, if Palin actually knew what she was agreeing to, she’d also know that her agreement and disagreement are entirely incompatible. Obviously I’m giving her too much credit (when Couric even reminded her that Right to Privacy is the cornerstone of Roe v. Wade). I think she simply thought that right to privacy sounded neat–who doesn’t like privacy?

The beginning of the clip below shows Biden discussing Roe v. Wade with Couric as well, except that Biden has obviously read the case.

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