EK 3.9.A.2

While a right to privacy is not explicitly named in the Constitution, the Supreme Court, in Griswold v. Connecticut (1965), interpreted the due process clause to protect the right of privacy from government infringement. In Roe v. Wade (1973), the Supreme Court held that the application of substantive due process further extended the privacy right to abortion. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022) overturned Roe v. Wade, holding that the Constitution does not confer a right to abortion, leaving decisions about the regulation of abortion to legislatures. The actions that are protected by the right to privacy and substantive due process continue to be debated.