Panel 4: Privacy and Unenumerated Rights

Separate from parental rights, Pierce laid the foundation for substantive due process, marking the beginning of the Court’s view that due process protects individual liberties. This move set off a host of other doctrinal consequences (e.g. right to marry, have children, marital privacy, so forth). This panel will explore the legacy and current state of this line of Pierce’s influence, especially in the context of Dobbs.

Moderator: Mariano-Florentino Cuéllar, Carnegie Endowment for International Peace