This article examines the progress of the Supreme Court’s jurisprudence on a right to privacy. In Lawrence v. Texas, the Court overruled its decision Bowers v. Hardwick where the Court had ended the incremental progression of right to privacy challenges to state policy initiatives concerning private conduct. Such challenges have had the effect of shifting policy without the consent of the legislatures.
Jayne T. Woods,
Due Process Right to Privacy: The Supreme Court's Ultimate Trump Card,
69 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss3/9