562 U. S. ____ (2011)

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

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

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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).