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 At the July meeting, I had suggested a possible article be reading the Roe
v. Wade overturn opinion and doing ctrl+F in it and looking at mentions of
privacy and the group seemed amenable.  I wrote that up below at the very
end of this email.

Best,
-Wilhelmina Randtke



*Privacy implications of Dobbs v. Jackson*

Ctrl+F and look at privacy mentions in Dobbs v. Jackson available at
https://supreme.justia.com/cases/federal/us/597/19-1392/  .  The whole text
of the opinion/concurrences/dissent is something like 213 pages if you read
it all!  But we will only read a little.

First off, to set the stage... one of the rights that was the basis for Roe
v. Wade was a "penumbra of privacy" in the U.S. Constitution.

To understand changes to that right, we all go to Dobbs v. Jackson at
https://supreme.justia.com/cases/federal/us/597/19-1392/ and look at
references to privacy.  I think that the best way to break it down is to
look at the links at the top to "Syllabus, Opinion, Concurrence, Dissent",
ctrl+F for "priva" in each one, and read just the paragraphs that mention
privacy.

Here's what those sections are and what it means:
Syllabus = Not binding.  A short summary of the case.  Has no impact on
anything and it's just there to give context to the whole long 213 page
case.  We don't need to look at this, since only a little piece of the case
is about privacy.
Opinion (Alito) = Binding law.  This is the most important part.  This is
what the law is now.
Concurrence (Thomas) = Not binding.  Can be used to make an argument.  This
one was written by judge Thomas.
Concurrence (Kavanaugh) = Not binding.  Can be used to make an argument.
This one was written by judge Kavanaugh.
Concurrence  (Roberts) = Not binding.  Can be used to make an argument.
This one was written by judge Roberts.
Dissent (Kagan) = Not binding.


For the reading, we can click into each tab for Opinion/Concurrence/Dissent
at https://supreme.justia.com/cases/federal/us/597/19-1392/ and ctrl+F for
"priva".  There are 23 references to privacy throughout all 213 pages of
the opinion/concurrences/dissent, so it's a short reading if we focus on
privacy.

Essentially, there are 2 privacy rights:  (1) not having info known, and
(2) not having behavior changed.  Dobbs v. Jackson is about privacy as not
having behavior changed and weakening that privacy right.  It's a right
that is probably more important today with some systems that can predict
and influence behavior than it was in the 1970s.

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