by Leviathan » Sat Dec 21, 2013 4:30 pm
So now that i've actually gone though the case law, it turns out I was spot on. There are conflicting rights, but we prioritize the woman's. Socially, I would say we do it for efficiency reasons and there is a long long tradition of the mother being seen as the natural caretaker. Legally, we prioritize the woman's rights because her right is one protected by the constitution, whereas the right to consent does not enjoy constitutional protections.
"The President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for periods of up to one year..." - 50 U.S.C. § 1802