The Right to Privacy and Its Evolution
The Supreme Court in Roe v. Wade, 410 US 113 (1973), held that the Due Process Clause includes an inherent “right to privacy” of which affords women the right to choose to have an abortion. This reasoning followed in a long line of cases addressing the fundamental right to privacy. The Supreme Court recently overruled Roe in Dobbs v. Jackson Women’s Health Organization, 597 US ____ (2022), and held that the right to an abortion is not a fundamental right protected by the Due Process Clause.
a. Discuss whether the Dobbs decision only applies to abortion issues, or if it also threatens other court rulings that established the fundamental right to privacy. Include examples from the majority opinion to support your view.
b. Considering the potential shift in how the right to privacy is viewed after Dobbs, what could be the implications for privacy rights in criminal justice?
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
The Right to Privacy and Its Evolution
a. Implications of the Dobbs Decision on Privacy Rights Beyond Abortion
The Dobbs v. Jackson Women’s Health Organization decision indeed primarily addresses the issue of abortion; however, its implications extend beyond this single issue and could potentially threaten other court rulings that established the fundamental right to privacy. In this landmark ruling, the Supreme Court held that the right to an abortion is not a fundamental right protected by the Due Process Clause, effectively overruling Roe v. Wade.
The majority opinion in Dobbs, written by Justice Samuel Alito, emphasizes a strict interpretation of the Constitution, arguing that the right to an abortion is not “deeply rooted in this Nation’s history and tradition.” This line of reasoning raises concerns about the stability of other privacy rights established through similar legal reasoning. For example:
1. Contraception Rights: The Court’s decision could impact precedents like Griswold v. Connecticut (1965), which recognized a right to privacy concerning marital contraception. Justice Alito’s emphasis on historical context may lead to challenges against contraceptive rights, as they could be framed as not being deeply rooted in historical traditions.
2. Same-Sex Marriage: The ruling could also affect decisions like Obergefell v. Hodges (2015), which legalized same-sex marriage across the United States. The foundation for Obergefell was built on the principles of personal liberty and privacy. If the courts adopt a similar historical analysis to that in Dobbs, it could endanger the legal recognition of same-sex marriages.
3. Intimate Relations: Rights related to consensual sexual activity between adults, recognized in cases like Lawrence v. Texas (2003), might also face scrutiny. The Dobbs opinion’s reliance on historical precedent may lead to challenges grounded in arguments that such rights are not constitutionally protected.
In essence, while the Dobbs decision explicitly pertains to abortion, its reasoning could open the door for future challenges to other rights grounded in the right to privacy, creating a ripple effect throughout various areas of law.
b. Implications for Privacy Rights in Criminal Justice
The potential shift in how the right to privacy is viewed after Dobbs raises significant implications for privacy rights within the criminal justice system. Several areas are particularly vulnerable:
1. Search and Seizure Protections: The Fourth Amendment protects individuals from unreasonable searches and seizures, which is closely tied to privacy rights. If the judicial interpretation of privacy becomes more restrictive, it might lead to greater acceptance of invasive search practices by law enforcement, undermining protections that safeguard personal privacy.
2. Digital Privacy: As technology continues to evolve, issues related to digital privacy—like data collection, surveillance, and access to personal communications—may become increasingly contentious. A diminished view of privacy rights could embolden law enforcement agencies to conduct more extensive surveillance without warrants or probable cause, posing risks to civil liberties.
3. Confidentiality in Legal Proceedings: The erosion of privacy rights may also impact the confidentiality of sensitive information shared within criminal defense contexts. If courts are less protective of individual privacy, there could be more instances where confidential communications between defendants and their attorneys are disclosed, undermining the right to a fair trial.
4. Prosecution of Certain Crimes: The interpretation of privacy could affect how various crimes are prosecuted, particularly those that involve intimate or personal relationships. For instance, cases involving domestic violence or sexual assault may face challenges if the legal framework surrounding privacy continues to weaken.
In conclusion, while the Dobbs decision specifically addresses abortion rights, its implications resonate through other established rights grounded in the right to privacy and have profound potential impacts on criminal justice. As interpretations surrounding privacy evolve, it becomes crucial for policymakers and advocates to address these emerging challenges to protect individual liberties and ensure justice within the legal system.
