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After Dobbs v. Jackson I'm not so sure on the implied right of privacy anymore, given that such a right was the foundation of Roe v. Wade.
by kmeisthax 4y ago
After Dobbs v. Jackson I'm not so sure on the implied right of privacy anymore, given that such a right was the foundation of Roe v. Wade.
- lcnPylGDnU4H9OF 4y agoI believe the defendant in that case argued with the 14th amendment: > (1) First, the Court reviews the standard that the Court’s cases have used to determine whether the Fourteenth Amendment’s reference to “liberty” protects a particular right. https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf Edit: I guess it's actually both. > Roe held that the abortion right is part of a right to privacy that springs from the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
- jasonfarnon 4y agothe "right to privacy" has nothing to do with the search and seizure-type privacy right. the first is a warren court-era development, patched together from due process, "penumbrae" etc., the second is grounded in the 4th amendment.