PROTECTING THE RIGHT TO BE LET ALONE POST DOBBS: A STATE CONSTITUTIONAL STRATEGY

In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court held that the federal constitution allows states to interfere with, or even deny, the right of women to choose whether to carry a pregnancy to term.1 This essay argues that state constitutional guarantees of the right to privacy protect that right. It further argues that advocates in states that do not have a constitutional right to privacy should utilize direct democracy provisions, where available, to add a right to privacy to their constitutions.