https://www.frontpagemag.com/fpm-plus/when-the-supreme-court-threw-the-law-away/
The apex of the tendency to play fast and loose with the letter of the Constitution, and to treat the document as if it were a gnomic oracle into which one could read virtually any meaning, came on June 7, 1965, when the Supreme Court in Griswold v. Connecticut struck down a law prohibiting contraceptives. The focus of the case made it difficult for many to see the implications of what the Court had done. Even many of those who thought contraceptive use was immoral didn’t think that contraceptives should be illegal, and so they didn’t realize that the Griswold case had implications far beyond the matter at hand.
In his ruling on the case, Justice William O. Douglas, an appointee of Franklin Delano Roosevelt, discovered in the Constitution a “right of marital privacy,” explaining away the absence of this phrase in the Constitution by claiming that “specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”
This essentially meant that enterprising and politically motivated justices could find anything they wanted in the Constitution, as long as they could argue that it was an “emanation” of a “penumbra.” By the nature of the case, an “emanation” of a “penumbra” could be found anywhere, and could be anything that an enterprising justice wanted it to be. Douglas had opened the door to the total disregard of the letter of the Constitution, in favor of whatever legal fantasies, however flimsy their reasoning was, could gain a majority on the court.