e is potentially at risk if the leaked draft opinion reflects reality. Here we’re taking a look at what a constitutional right to privacy is the history of its use the rights that fall under this umbrella and the potential threats we face if the Dobbs v. Jackson draft opinion moves forward as written.What Is the Right to PrivacyFirst it’s vital to understand that technically the Constitution doesn’t explicitly give Americans a right to privacy. However certain rights more explicitly protected by the Constitution have led legal experts and others in the field of law to defend the very notion creating a kind of de facto right to privacy as a result.
A great example of a defense of the right to privacy can be found in the Fourth Amendment Belize WhatsApp Number which prevents government officials and law enforcement from searching a person or their property without probable cause. Effectively that restriction is designed to protect a person’s right to privacy.Okay But What Are Unenumerated Rights A little confusing That’s fair. Let’s take it a step further. You may hear certain rights such as the right to privacy called “unenumerated rights” — that is a right that’s implied but not expressly outlined in the Constitution. In a sense we derive these implied rights from others that are more bluntly stated.
Often legal experts point to the Ninth Amendment when defending these implied rights since it says that “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Photo Courtesy Joel CarilletiStockSo while this amendment acknowledges the existence of unenumerated rights — perhaps things its authors knew they couldn’t account for explicitly — it does not specify what those rights are which brings us to the debates surrounding countless matters including the right to choose. How Does This Factor Into Roe v. WadeWhen it comes to Roe v. Wade specifically.