Right to Privacy in Constitutional Law

These flashcards encompass key concepts, landmark cases, and important terms related to the right to privacy in constitutional law and its implications on reproductive rights.

Right to Privacy

A concept not explicitly mentioned in the Constitution but recognized by the Supreme Court as a fundamental right derived from various amendments.

Substantive Due Process

A doctrine that suggests certain rights implied in the Constitution, such as 'liberty,' include unenumerated rights like the right to privacy.

Penumbras

The implied rights found in the 'shadows' of the specific rights enumerated in the Bill of Rights.

Griswold v. Connecticut

A landmark case recognizing a right to privacy in marital relationships, particularly concerning the use of contraceptives.

Roe v. Wade

A significant Supreme Court case that established a woman's legal right to abortion based on the right to privacy under the Fourteenth Amendment.

Trimester Framework

The judicial test established by Roe v. Wade to regulate abortion rights by the stage of pregnancy.

Undue Burden Test

A legal standard established by the Supreme Court to determine whether laws restricting abortion place an excessive burden on a woman's right to choose.

Whole Woman's Health v. Hellerstedt

A Supreme Court case that invalidated Texas abortion clinic regulations, finding they posed an undue burden on women seeking abortions.

Dobbs v. Jackson Women's Health Organization

A pivotal Supreme Court case that overturned Roe v. Wade, asserting no constitutional right to abortion.

Justice Harlan's Opinion

Introduced in Poe v. Ullman, it argued for the acknowledgment of a right to privacy embedded in the Fourteenth Amendment's due process clause.

Economic Substantive Due Process

A theory that emphasizes individual economic rights, which has fallen out of favor compared to general substantive due process.

Louis Brandeis

A Supreme Court Justice who laid groundwork for the right to privacy through his writings prior to his judicial career.

Procedural Due Process

A legal principle requiring that the government follow fair procedures when depriving an individual of life, liberty, or property.

House Bill Number Two (HB2)

A Texas law imposing strict regulations on abortion clinics, leading to the closure of many facilities.

Trigger Law

State laws designed to take effect automatically or by a certain trigger, such as the reversal of Roe v. Wade.

ACLU and NARAL

Organizations that collaborated to challenge restrictive abortion laws in court, advocating for reproductive rights.

Justice Blackmun's Opinion

The opinion in Roe v. Wade that classified abortion as a fundamental right and established the trimester framework for regulation.

Empirical Data in Court Decisions

The use of scientific data to support legal arguments and decisions, which marked a shift in how courts approached cases.