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The Invisible Amendment: The Evolution of the Right to Privacy

Abstract
Citing six landmark Supreme Court cases, this piece argues that the meaning of America’s unwritten right to privacy has changed over time. It follows the right to privacy from its original appearance in an 1891 case between private actors to its application, beginning in the 1960s, against government regulation of intimate activities and bodily autonomy. It concludes with the 2022 Dobbs v. Jackson Women’s Health Organization decision, which may mark the beginning of a new chapter for the right to privacy in American law.
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