Abortion

Griswold

Facts: Connecticut passed a law that banned the use of any drug, medical device, or other instrument in furthering contraception and doctors could not talk about it. Griswold was arrested and convicted for counseling people about birth control

Conclusion: Court ruled that the Constitution did in fact protect the right of marital privacy against state restrictions on contraception. Involves the 1, 3,4 and 9 amendments. Reproductive freedom falls in the sphere of privacy from the government.

Roe

Facts: Roe challenged a Texas law that made abortion illegal except by a doctor’s orders to save a woman’s life (Life of the mother exception). Said the state’s laws were vague and violated her right to privacy

Conclusion: The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a woman’s right to choose to have an abortion falls within that right to privacy. (Civil liberties). Created the trimester approach. First Trimester: state may not regulate the abortion decision. Second Trimester: the state may impose regulations on abortion that are reasonably related to maternal health. Third Trimester: Once the fetus has reached viability, states can regulate abortion, but must have exceptions for the health of the mother.

Webster

Facts: Missouri made an abortion restricting law. Public employees/facilities were not allowed to preform abortions unless needed to save the life of the mother, counseling to have abortion was prohibited, doctors were required to preform viability testing on the fetus

The due process clause does not require states to enter into the “business of abortion” and does not create an affirmative right to governmental aid in the pursuit of constitutional rights. Viability testing of the fetus is allowed due to the state’s interest in protecting life that could come into existence before the point of viability.

Casey

Facts: PA legislature made a very restrictive abortion law. If a minor wanted an abortion, they must get permission for their guardians or judge. 24 hour waiting period for getting an abortion. During the waiting period you must get counseling about alternatives to abortion. Married women must tell their husbands that they are getting an abortion.

Conclusion: The court upheld most of the restrictions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden,". The only provision that was struck down was married women telling their husband due to the risk of domestic violence.