Document Type
Article
Abstract
The United States Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to include a fundamental right to familial privacy. The exact contours of that right were developed by the Court from 1923 until 2015. In 2022, with its decision in Dobbs v. Jackson Women’s Health, the Supreme Court abruptly changed course and held that the right to terminate a pregnancy is no longer part of the right to privacy previously recognized by the Court. This essay seeks to place Dobbs in the context of the Court’s family privacy cases in an effort to understand the Court’s reasoning and the impact the decision may have in the future.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Repository Citation
Rona Kaufman, Privacy: Pre- and Post-Dobbs, 61 Duq. L. Rev. 62 (2023).
Included in
Constitutional Law Commons, Fourteenth Amendment Commons, Law and Society Commons, Legal History Commons