Cases in Law III

Meyer V Nebraska

Liberty= job/education- case that established the right to teach and learn foreign languages, reinforcing parental rights in education.

Olmstead V US

WIRETAPPING IS NOT A SEARCH

A landmark case that established the principle that wiretapping and electronic surveillance without a warrant does not violate the Fourth Amendment rights against unreasonable searches and seizures.

Williamson v Lee Optical Company

A significant case that ruled that state regulations on business practices do not violate the due process clause of the Fourteenth Amendment, affirming the principle of economic regulation.

Ferguson v Skrupa

STRIKING NOT EQUAL TO MAKING

A significant Supreme Court case that upheld the right of states to regulate businesses, affirming the principle of economic regulation and the validity of state laws over economic practices.

Poe v Ullman (1961)

It needs to be violated to file a lawsuit
It has or had (not will) to affect you to file a lawsuit
This case was dismissed because no one was arrested and violated the law; thus, there was no actual case or controversy. However, this case led to the eventual recognition of the right to privacy regarding marital relations in another case.

Why should the gov’t be in the bedroom of husbands and wives.

Griswold v Connecticut (1965)

Location of the Right to Privacy

1,3,4,5,9- is where Douglas and Clark agree on

9- Goldberg, Brennan, Warren

14 Due Process Clause- Harlan and White

None- Black and Stewart

A landmark case that recognized the right to marital privacy, striking down state laws that prohibited the use of contraceptives. This case set a precedent for later decisions regarding individual privacy rights.

Failed the Rational Basis Test.

Eisenstadt v Baird (1972)

Birth Control for Unmarried People

This case expanded the right to privacy established in Griswold v Connecticut by ruling that the state could not deny access to contraceptives to unmarried individuals. It affirmed that the right to privacy extends to individual choices about reproduction, regardless of marital status. This was ruled because of the 14A Equal Protection Clause and some rulings in Griswold V Connecticut. Failed the Rational Basis Test

Roe v Wade (original..1971 decided 1973)

A three compliant case-

Has a claim- Jane Roe- wanted a abortion to get rid of her baby

No claim-John and Mary Doe- Married

Was advised to not get prego

Can not use BC

Has a Claim- Dr. James Hubuert Hallford-

Law too vauge

Arrested for violating the law

His argument that the law violates from privacy rights in doc/patient relationships.

Ruled in favor in a 7-2 to Roe because of the rights to single women of the choice to have an abortion protected by 9A+14A and also failed the strict scrutiny because it was overly vague and had less restrictive ways to do it

Roe v Wade Trimester Framework

1 Tri- gov’t cannot regulate access to abortion (Doc+pat)

2 Tri- Abortion when the host body is in danger or something health

3 Tri- Abortion permitted unless danger to life like the baby or mother.

Dobbs v. Jackson 2022

Mississippi Gestational Age Act challeged no abortion after 15 weeks

Thomas E Dobbs (Filed it) - State Health Officer of MDH

Jackson Women Heatlh- A lincesed abortion facility

US district Court - violates fund right from Roe v Wade

5th CC of A- affirmed

6-3-

no right to abortion- not in:

Const.,deeply rooted in history, ess to liberty

Roe + Casey overturned

state power to decide- not mentioned in the Constitution to the federal gov- so state power.

Not given to fed, Not denied to states

Kohl v US

Cinn, OH

Land for-post office,courthouse, and housing

Kohl no sell

Gov tries for $, then Invoked ED

US CC SD of Ohio- US

Scotus- Yes

Rule- 5A