At the heart of the current Roberts discussion is our "right to privacy". Roberts, Bork, and many like minded conservatives have justified their positions by stating that while everyone assumes we have a "right to privacy", it simply is not written anywhere in the constitution and has no business influencing rulings.
So here's a thought. The Democratic Party should push for a constitutional amendment clearly stating our "right to privacy". Now there's an idea worth touching the constitution for!
Even if the push is unsuccessful, it will not only force Republicans to reap the political benefits of coming out on the WRONG side of personal privacy, especially considering that even the staunchest conservatives are pro-privacy on a range of issues, it will help define in the public's mind exactly where Democrats stand.
And if the amendment is passed, then not only will it strongly bolster Democratic positions on a range of issues including abortion, it will also prove vital in the coming century as a host of new privacy-related issues come to the forefront.
Seems like a win-win for us any way you look at it!