The Right to Contraception/The Right to an Abortion - Law and Society

for final exam

possible sources of a right to privacy

1st amendment, 3rd amendment, 4th amendment, 5th amendment, 9th amendment, 14th amendment

penumbra theory

implied rights that are indicated by other constitutional rights guarantees, the rights in the Bill of Rights especially those contained in the 1st

Griswold v. Connecticut

Does the Constitution provide a constitutionally protected right to privacy? Yes (7-2). Rights in the Bill of Rights have penumbras that create a zone of privacy that extends to a married couples ability to discuss contraception with a physician.

Burwell v. Hobby Lobby

Hobby Lobby did not want to comply with the ACA’s contraception coverage due to religious reasons as it relates to the Religious Land Use and Institutionalized Persons Act (RLUIPA). Does the RLUIPA apply to for-profit corporations? Yes (5-4), relying on the Dictionary Act which defines the word “persons” as including corporations

Religious Land Use and Institutionalized Persons Act (RLUIPA)

government shall not substantially burden a person’s sincere religious belief even if the burden results from a rule of general applicability, unless the government can meet the strict scrutiny standard

The Affordable Care Act (2010)

Employees with 50 or more employees must provide employees with minimal essential health insurance coverage, including all FDA approved methods of contraception and sterilization

Roe v. Wade (1973)

Is abortion a fundamental right under the privacy standard set out in Griswold v Connecticut? Yes (7-2), fundamental privacy rights extend to activity relating to marriage, procreation, etc. Applies strict scrutiny. After viability, states may prohibit abortion except in cases where the life of the mother is at risk

Planned Parenthood v. Casey

Affirms Roe v. Wade but allows states to place restrictions as long as they do not pose an undue burden, relies on 14th amendment, does away with the trimester framework and strict scrutiny

Dobbs v. Jackson

Eliminated the federal constitutional right to an abortion, overturned Roe v. Wade.