As always, you can find the Dobbs v. Jackson decision here.

Also, you can find the Roe v. Wade decision here.

Paragraph 3 of 5

Sentence 2 of 6

This sentence is a single claim, and it’s easy to check since it’s a direct quote from Roe and includes a citation:

One possibility was that the right was “founded . . . in the Ninth Amendment’s reservation of rights to the people.” Id., at 153.

And this is the relevant passage in Roe:

This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.

It may be important to remark that this possible avenue for a right to privacy isn’t of the Roe Court’s devising—Roe credits this to the District Court. This also brings up an important point in that my intention at this point of the project is just to assess the claims made in Dobbs. When the claims cited are claims made by other entities, as in this case, I’m not assessing that embedded claim yet. That will come later. For now I’m just confirming that Dobbs accurately uses the material it takes from Roe. In this case Dobbs is solid in its treatment of Roe, but I’m not yet digging to see if Roe is solid in its treatment with the District Court’s material, or whether the District Court made a good argument.

This really is just the start, but for now it’s clear that this sentence, this claim, in Dobbs is true.

“One possibility [Roe proposed] was that the right [to privacy] was ‘founded . . . in the Ninth Amendment’s reservation of rights to the people.’”