Dobbs, Jaffee, HIPAA and Reproductive Privacy Protections
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Abstract
This Article argues that the post-Roe legal landscape reveals concerning gaps in the regulatory privacy
framework. Drawing on Jaffee v. Redmond, which recognized a federal psychotherapist-patient privilege under
Federal Rule of Evidence 501, this Article maintains that reproductive health communications warrant
comparable protection in federal proceedings.61 This privilege would not constitutionalize abortion or eliminate
mandatory reporting obligations. Instead, it would regulate admissibility in court and preserve the confidentiality
necessary for effective medical care. It would also reaffirm confidentiality as an ethical norm.
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