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Just a few months ago, many of us were horrified to learn that a 10-year-old rape victim from Ohio was forced to delay medical attention and travel to Indiana to get the reproductive health care that she needed. Sadly she is just one example of how our fundamental right to bodily autonomy has been stripped away following the Supreme Court’s decision to overturn Roe v. Wade.
Yet, as dangerous as this ruling is for more than half of the U.S. population, its impact on the right to privacy is much more far-reaching than you might think.
Fundamentally, the Dobbs v. Jackson Women’s Health Organization ruling, along with many other Supreme Court rulings including Roe v. Wade, deal with the right to personal privacy, which is an “unenumerated” right — meaning it is not explicitly mentioned in the Constitution.
Abandoning nearly 50 years of precedent, the Dobbs court said if a right is not mentioned in the Constitution, it needs to be “deeply rooted in this Nation’s history and tradition,” and defined “deeply rooted” by relying heavily on whether it was widely accepted by those in power at the time the Fourteenth Amendment was