The United States Supreme Court (hereinafter "Court"), illegitimate in both composition and decision-making, needs to be “checked” by the other branches of government, pursuant to our federal system of Separation of Powers among the three branches of government. Both the executive and legislative branches of the federal government have powers to “check” the judicial branch and should exercise these powers before the Court’s majority undoes decades of jurisprudence that secured and expanded rights of women, minorities, and the underprivileged and underrepresented. The Court, in Dobbs v. Jackson Women’s Health Organization, has demonstrated its willingness to disregard well-established precedent and the doctrine of stare decisis. This overturning of precedent will continue and will result in a drastic dismantling of the rights, liberties, and privileges of millions of Americans. This article posits that the executive branch should “pack the Court” or the Congress should enact laws that provide federal protection for the Right to Abortion and, thereby, demonstrate that the other branches of government will exercise the powers given to them by the Constitution as a check on abuses of power by other co-equal branches of government. If this decision is allowed to stand unchecked, other similar decisions will follow, dismantling privacy and many other substantive rights of the poor, women, children, LGBTQ+, now protected by the Due Process Clause of the Fourteenth Amendment. This presentation provides an in-depth constitutional analysis of actions of the Court and discusses the myriad potential privacy implications for higher education institutions and the students they serve.

Authors:
Regina Ramsey James, Southern University Law Center, United States

About the Presenter(s)
Ramsey is a tenured faculty member and Vice Chancellor for Institutional Accountability and Accreditation at Southern University Law Center. She teaches Constitutional Law. Her research and scholarship focus on Constitutional Law and Education Law.

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