The Supreme Court in Roe v. Wade, 410 US 113 (1973

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The Supreme Court in Roe v. Wade, 410 US 113 (1973), held that the Due Process Clause includes an inherent “right to privacy” of which affords women the right to choose to have an abortion. This reasoning followed in a long line of cases addressing the fundamental right to privacy. The Supreme Court recently overruled Roe in Dobbs v. Jackson Women’s Health Organization, 597 US ____ (2022), and held that the right to an abortion is not a fundamental right protected by the Due Process Clause.
a. Is Dobbs limited to issues surrounding abortion, or does it challenge prior court holdings establishing the fundamental right to privacy?
b. If the impact of Dobbs minimizes the fundamental nature of the right to privacy, what impact could this have in the field of criminal justice? Explain.

Sample Solution

The decision in Dobbs is limited to the issue of abortion. The Supreme Court did not explicitly overturn any of its prior holdings on the right to privacy, but the decision does raise questions about the future of this right.

The right to privacy is not explicitly mentioned in the Constitution, but the Supreme Court has recognized it as a fundamental right that is implicit in the concept of ordered liberty. The Court has held that the right to privacy encompasses a wide range of personal decisions, including the right to marry, the right to use contraception, and the right to make decisions about one’s own body.

The decision in Dobbs does not explicitly overrule any of these cases, but it does suggest that the right to privacy is not as robust as the Court once thought. The Court’s decision to leave the issue of abortion to the states could be seen as a sign that the Court is willing to allow states to restrict other aspects of the right to privacy as well.

b. If the impact of Dobbs minimizes the fundamental nature of the right to privacy, what impact could this have in the field of criminal justice? Explain.

The impact of Dobbs on the field of criminal justice is uncertain. However, the decision could have a number of implications, including:

  • Increased restrictions on abortion: States could pass laws that further restrict access to abortion, such as by requiring parental consent or waiting periods.
  • Increased surveillance: States could expand their surveillance powers, such as by collecting data on people’s internet activity or phone calls.
  • Reduced protections for defendants: States could reduce the protections that are afforded to defendants in criminal trials, such as by making it easier to obtain a conviction without a unanimous jury verdict.
  • Increased use of the death penalty: States could make it easier to impose the death penalty, such as by expanding the list of crimes that are eligible for the death penalty.

It is important to note that these are just some of the potential implications of Dobbs. The actual impact of the decision will depend on how it is interpreted by lower courts and how states choose to implement it.

The decision in Dobbs is a significant setback for the right to privacy. It is possible that the decision could have a number of negative consequences in the field of criminal justice. However, it is also possible that the decision will have little impact on the criminal justice system. Only time will tell how the decision will ultimately play out.

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