What Recent Scrutiny Surrounding New Jersey's Newborn Screening Program Is Missing: Comment on the Reproductive and Social Justice Issues the Program Illuminates

Authors

• Dylan Blanchard, Benjamin N. Cardozo School of Law

Abstract

The note critiques New Jersey's Newborn Screening Program, highlighting its constitutional and social justice implications. While the program is a vital public health measure, its retention of newborn blood samples without informed consent and subsequent use by law enforcement raises significant Fourth Amendment concerns. The analysis argues that the program disproportionately impacts minorities and perpetuates systemic racism in the criminal legal system, as biometric data from these samples can be used to bypass probable cause requirements.

Disciplines

Entertainment, Arts, and Sports Law | Health Law and Policy | Law | Medical Jurisprudence

Recommended Citation

Dylan Blanchard, What Recent Scrutiny Surrounding New Jersey's Newborn Screening Program Is Missing: Comment on the Reproductive and Social Justice Issues the Program Illuminates, 42 Cardozo Arts & Ent. L.J. 743 (2024).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss3/10