Right to Privacy: Griswold v. Connecticut

• The right to privacy is a debated legal concept that, while not explicitly in the Constitution, has been interpreted as a fundamental part of personal liberty.
• Common law traditions, like “a man’s home is his castle,” suggest freedom from government intrusion.
• Justice Louis Brandeis defined privacy as "the right to be alone," viewing it as essential for personal freedom.

Griswold v. Connecticut (1965)

• This case struck down a law banning contraception for married couples.
• The Supreme Court established an implied "zone of privacy" within marriage, protected by several amendments.
• This decision was a turning point for reproductive freedom, influencing later cases such as Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).
• It protected personal choices about one’s body and family planning from government interference.

Liberty and the Fourteenth Amendment

• The Due Process Clause of the Fourteenth Amendment guarantees that states cannot take away life, liberty, or property without proper legal procedures.
• Courts have debated whether "liberty" includes personal choices like the right to marry, have children, and make medical decisions.

Lochner v. New York (1905)

• The Supreme Court ruled that a New York law limiting bakers’ work hours was unconstitutional because it violated their freedom to make agreements about work.
• The Court ruled that the law unfairly interfered with economic liberty, disagreeing with the state's argument that it was necessary for public health.
• This case is a key example of substantive due process, which protects certain fundamental rights from government interference, even if not explicitly in the Constitution.
• Its reasoning helped shape future cases about personal freedom by drawing parallels between economic and personal liberty.
• The Court could strike down a law because it restricted economic liberty, then the same logic could apply to personal liberty, like privacy and reproductive rights.

Right to Privacy

• The right to privacy has been built over time through court decisions and legal interpretations
• The ongoing debate is whether privacy is a fundamental right or subject to government regulation.
• The discussion about privacy and freedom continues to shape law and society today.

Reproductive Rights

• Reproductive rights include access to birth control, abortion, fertility treatments, and maternal healthcare.
• These rights are about bodily autonomy and are connected to gender equality and healthcare access.
• Privacy protections have historically been the foundation of reproductive rights.

Griswold v. Connecticut (1965) and Reproductive Rights

• The Supreme Court struck down a law banning married couples from using birth control.
• Reproductive decisions were deemed private matters protected by the Constitution.
• The ruling set the stage for recognizing personal medical choices as a fundamental right, free from government control.

Roe v. Wade (1973)

• This case made abortion a constitutional right.
• The Supreme Court ruled that the government could not impose excessive restrictions on abortion, particularly in the early stages of pregnancy.
• Abortion was not completely unrestricted.
• The Court kept abortion legal but allowed states to regulate it, as long as those regulations didn’t place an “undue burden” on individuals seeking care in Planned Parenthood v. Casey (1992).
• This led to new state-level restrictions, like waiting periods, parental consent laws, and clinic regulations.

Dobbs v. Jackson Women’s Health Organization (2022)

• This case eliminated the federal right to abortion, overturning Roe v. Wade.
• Each state can set its own laws, resulting in varied access depending on location.
• Some states quickly banned abortion, while others moved to protect and expand access.
• Access to abortion now depends on where someone lives rather than a national legal standard.
• Issues are connected to healthcare access, economic status, and gender equality.
• Marginalized communities often face the most barriers to care

Overruling Roe

• The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022) ended the federal constitutional right to abortion.
• The ruling raised questions about the role of the Supreme Court, the stability of legal precedent, and the future of privacy-based protections.
• The Court argued that the Constitution does not explicitly mention abortion and that the right is not “deeply rooted” in American history.
• This same reasoning raises concerns about same-sex marriage and access to contraception.
• Justice Clarence Thomas suggested reconsidering cases like Griswold v. Connecticut and Obergefell v. Hodges
• Affects access to healthcare, and depends entirely on where you live

Digital Privacy Concerns

• Law enforcement and private companies could use data from period-tracking apps, search histories, and location services to track and prosecute people who seek abortions
• It is unsettling to think that personal medical decisions could become part of criminal investigations.
• Raises the question of how much control the government should have over people’s private lives
• Concerns about whether more privacy rights could be threatened in the future.
• Deepened political and social divides.
• Sparked a debate as to what role public opinion should play in Supreme Court decisions.
• Constitutional rights can be redefined and even removed, depending on who is in power.
• Rights are not guaranteed