Key Supreme Court Cases on Abortion and Equal Protection

What amendments were cited in Roe v. Wade regarding the right to personal privacy?

1st, 4th, 5th, 9th, and 14th amendments.

What was the main question in Planned Parenthood v. Casey?

Can a state require women seeking an abortion to obtain informed consent, wait 24 hours, notify their husband if married, and obtain parental consent if minors without violating their rights established in Roe v. Wade?

What was the conclusion of Planned Parenthood v. Casey?

The court reaffirmed Roe v. Wade but upheld most of Pennsylvania's provisions, imposing a new standard to determine if regulations create an undue burden.

What is the significance of the term 'undue burden' in the context of abortion laws?

It refers to whether a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion.

What was the outcome of Roe v. Wade regarding a woman's right to terminate her pregnancy?

The court recognized a woman's right to terminate her pregnancy as inherent to the due process of the 14th amendment.

What are the three trimesters of pregnancy as defined by Roe v. Wade in terms of state regulation?

1st trimester: no regulation; 2nd trimester: regulations reasonably related to maternal health; 3rd trimester: states may regulate or prohibit abortions after viability, with exceptions for the mother's life or health.

What is Substantive Due Process?

A legal doctrine that protects certain fundamental constitutional rights from government interference, regardless of the procedures the government follows.

What is the focus of Noneconomic Substantive Due Process?

It addresses rights not explicitly listed in the Constitution and requires stricter scrutiny.

What historical case is associated with the right to privacy?

Glucksberg, which emphasized grounding rights in historical processes and traditions.

What fundamental rights are encompassed under Family Autonomy and Substantive Due Process?

The right to marry, control over child education, regulate child labor, and care, custody, and management of children.

What does Obergefell v. Hodges establish regarding marriage?

Marriage is a fundamental right inherent to individual autonomy and essential for supporting committed unions and safeguarding children and families.

What was the ruling in Griswold v. Connecticut?

It recognized the right of marital privacy concerning the use of contraceptives.

What did Stanley v. Georgia determine about personal privacy?

It struck down a statute banning the possession of obscene materials, affirming personal privacy rights.

How does Lawrence v. Texas relate to privacy and sexual activity?

It affirmed the right to engage in private consensual sexual conduct without government interference.

What is the role of the Due Process Clause in protecting 'liberty of contract'?

It protects certain economic interests as part of substantive due process, though this doctrine has evolved.

What is the significance of the term 'informational privacy' in the context of Substantive Due Process?

It suggests a right to privacy regarding personal information and confidentiality.

What does the term 'historical processes and traditions' imply in the context of Noneconomic Substantive Due Process?

Rights should be grounded in long-standing historical practices and societal norms.

What are the implications of the term 'viability' in abortion law?

It refers to the point in pregnancy when a fetus can survive outside the womb, allowing states to impose regulations.

What does the term 'personal privacy' encompass according to the notes?

It relates to marriage, procreation, contraception, family relations, and child-rearing and education.

What is the impact of the 14th amendment on abortion rights as established in Roe v. Wade?

It provides a constitutional basis for a woman's right to choose to have an abortion.

What is the relationship between government interest and a woman's right to abortion as per Roe v. Wade?

The right to abortion is balanced against the government's interest in protecting women's health and the potentiality of human life.

What does the term 'marital privacy' refer to in the context of Griswold v. Connecticut?

The right of married couples to make decisions about contraception without government interference.

What significant change did Texas make regarding sodomy laws?

Texas got rid of sodomy laws.

What landmark case protects a woman's right to an abortion?

Roe v. Wade.

What fundamental right is associated with the right to an abortion according to Roe v. Wade?

The right of privacy.

Under what condition can the right to an abortion be overruled?

By a compelling state interest.

What standard did the 1992 Court establish regarding abortion restrictions?

The 'undue burden' standard.

Did the Court rule that Title XIX of the Social Security Act requires government funding for elective abortions?

No.

What was the outcome of Dobbs v. Jackson regarding the right to an abortion?

The Constitution does not confer the right to an abortion, returning regulation to the states.

What historical context did the Court consider in Dobbs v. Jackson?

At the time of Roe, 30 states still prohibited abortion.

What did the Court conclude about the right to an abortion in relation to the 14th Amendment?

The right to an abortion is not rooted in the nation's history.

What did the Court criticize about Roe's treatment of the Constitution?

Roe was loose in its treatment and could have used the 14th Amendment's equal protection clause.

What is the Court's view on the absolute nature of the right to privacy and autonomy regarding abortion?

The Court did not see these rights as absolute.

What was one reason the Court overruled Roe in Dobbs?

The ruling was disruptive to other areas of law and lacked concrete reliance.

What was the outcome of Romer v. Evans?

The Court struck down a state constitutional amendment that overturned ordinances prohibiting discrimination.

What did the Court rule in US v. Windsor?

It struck down section 3 of DOMA, which restricted federal recognition of same-sex marriage.

What was the significance of Obergefell v. Hodges?

It invalidated state laws limiting marriage to opposite-sex couples based on the 14th Amendment's equal protection clause.

What questions did Obergefell v. Hodges address?

Does the 14th Amendment require a state to license a marriage between two people of the same sex? Does it require a state to recognize same-sex marriages legally performed in another state?

What standard did the Court use in reviewing classifications based on sexual orientation?

The Court uses a sliding scale for their review standards.

What did the Court decide regarding the classification of same-sex marriage laws in Obergefell?

The Court did not identify whether the classification made by challenged state marriage laws was suspect.

What was the basis for the challenges in Obergefell v. Hodges?

Groups in Ohio, Michigan, Kentucky, and Tennessee challenged state bans on same-sex marriage as violations of the equal protection and due process clauses.

What did the Court conclude about the expansion of fundamental rights?

The expansion of fundamental rights is not limited.

What did the Court criticize about Roe's reasoning in its ruling?

The Court cited error in quality of reasoning and that it acted more like policy makers.

What is the significance of the due process clause in the context of abortion?

It protects two rights, including the right to privacy.

What does the Due Process Clause of the 14th Amendment guarantee regarding marriage?

It guarantees the right to marry as a fundamental liberty.

Why is marriage considered a fundamental liberty according to judicial precedent?

Marriage is inherent to individual autonomy, protects intimate associations, safeguards children and families, and is historically recognized as a keystone of social order.

What does the Equal Protection Clause guarantee in the context of marriage?

It guarantees the right to marriage without distinction between same-sex and opposite-sex unions.

How does the First Amendment protect religious organizations in relation to marriage rights?

It protects their rights to adhere to their principles but does not allow states to oppose those principles.

What was the central issue in Brown v. Board of Education?

The segregation of public education based on race.

What conclusion did the Supreme Court reach in Brown v. Board regarding separate educational facilities?

Separate but equal educational facilities for racial minorities are inherently unequal and violate the Equal Protection Clause.

What detrimental effects did segregation have on black children according to Brown v. Board?

It instilled a sense of inferiority that adversely affected their education and personal growth.

What was the primary question in Swann v. Charlotte-Mecklenburg Board of Education?

Were federal courts constitutionally authorized to oversee and produce remedies for state-imposed segregation?

What conclusion did the Supreme Court reach in Swann v. Charlotte-Mecklenburg regarding remedial plans?

Remedial plans were to be judged by their effectiveness, and quotas were legitimate starting points for solutions.

What was the outcome regarding exclusively black schools in Swann v. Charlotte-Mecklenburg?

They required close scrutiny by courts.

What was the central issue in Students for Fair Admissions v. President and Fellows of Harvard College?

Whether Harvard's admissions process violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American and white applicants.

What conclusion did the court reach regarding Harvard's admissions process?

Harvard violated the Equal Protection Clause and failed to meet strict scrutiny standards.

What is the significance of the Regents of the University of California v. Bakke in admissions cases?

It serves as a touchstone for evaluating the constitutionality of race-based admissions.

What must any exceptions to equal protection satisfy according to the ruling in Students for Fair Admissions?

They must satisfy strict scrutiny.

How can race be considered in college admissions according to the ruling?

Race can only be used as a 'plus' in admissions and not as a quota.

What does the ruling say about discussing race in an applicant's admissions essay?

Universities can consider how race affected an applicant's life, as long as it ties to a quality of character or unique ability.

What was the historical context of the Equal Protection Clause's original purpose?

To ensure that laws apply equally to everyone regardless of race.

What was the impact of social science studies in Brown v. Board?

They were used to support the argument that segregation had detrimental effects on education.

What was the role of lower courts in Swann v. Charlotte-Mecklenburg before it reached the Supreme Court?

They experimented with various solutions to address segregation in schools.

What does the term 'strict scrutiny' refer to in the context of equal protection cases?

A legal standard that requires any law or policy that discriminates based on race to be justified by a compelling state interest.

What was the significance of the ruling in Brown v. Board for American society?

It aimed to educate all Americans about the inherent inequalities of segregation.

What was the outcome for the SFFA in their lawsuit against Harvard?

SFFA had organizational standing and successfully argued that Harvard's admissions process violated the Equal Protection Clause.

What did the Oklahoma law prohibit regarding the sale of nonintoxicating 3.2% beer?

It prohibited sale to males under the age of 21 and to females under the age of 18.

What was the question in the Boren case regarding the Oklahoma statute?

Did the statute violate the Fourteenth Amendment's Equal Protection Clause by establishing different drinking ages for men and women?

What was the conclusion of the Boren case?

Yes, the law made unconstitutional gender classifications.

What standard of review was created in gender discrimination cases as a result of the Boren case?

A new standard that is more demanding than rational basis but less demanding than strict scrutiny, known as intermediate scrutiny.

What was the primary issue in the US v. Virginia case?

Whether Virginia's creation of a women's-only academy satisfied the Equal Protection Clause compared to the male-only Virginia Military Institute.

What was the conclusion of the US v. Virginia case?

No, the male-only admissions policy was unconstitutional and failed to show exceedingly persuasive justification.

What did the Virginia Military Institute fail to demonstrate regarding its admissions policy?

It failed to show that the policy contributed to educational diversity.

What is the significance of the right to privacy in the context of the Bill of Rights?

It is not an enumerated right but is implied through various amendments.

What case established the right to marital privacy?

Griswold v. Connecticut.

Which amendments contribute to the implied right of privacy?

The 1st (right to speech), 3rd (no forced quartering), 4th (no unreasonable searches), and 9th (rights not enumerated belong to the people).

What does the Due Process Clause of the 14th Amendment state?

No state shall deprive any person of life, liberty, or property without due process of law.

What is substantive due process?

It refers to the protection of certain fundamental rights from government interference.

What is the Glucksburg two-step test?

1. The right must be clearly defined. 2. The right must be deeply rooted in American tradition and history.

How does the Glucksburg test relate to the case of Roe v. Wade?

The test is used to determine the constitutionality of unenumerated rights, including the right to privacy regarding abortion.

Who was Jane Roe in the context of Roe v. Wade?

An unmarried and pregnant Texas resident in 1970.

What was the primary legal issue in Roe v. Wade?

The right to privacy concerning a woman's decision to have an abortion.

How did the courts view the Oklahoma law in relation to traffic safety?

The statistics relied on were insufficient to show a substantial relationship between the law and maintenance of traffic safety.

What did the Fourth Circuit's comparison between VMI and VWIL fail to recognize?

It failed to recognize that VWIL would not provide women with the same opportunities as VMI provides men.

What role does the 21st Amendment play in the context of the Equal Protection Clause?

It did not alter the application of the Equal Protection Clause.

What does the term 'intermediate scrutiny' refer to?

A standard of review used in gender discrimination cases that is more rigorous than rational basis but less so than strict scrutiny.

What is the significance of the Ninth Amendment in the context of unenumerated rights?

It states that rights not enumerated in the Constitution belong to the people.

What is the controversy surrounding substantive due process?

It involves the interpretation of unenumerated rights and liberties implied by the liberty guarantees of the Constitution.

What Texas law made it a felony to abort a fetus?

Texas law made it a felony to abort a fetus unless 'on medical advice for the purpose of saving the life of the mother.'

What was the main legal challenge in Roe v. Wade?

The constitutionality of abortion status.

Is there a constitutional right to an abortion according to Roe v. Wade?

Yes.

From which amendment does the constitutional right to an abortion derive?

The 14th Amendment, which includes the concept of personal liberty and the right to privacy.

What is the significance of the trimester framework in abortion law?

It balances the state's interest in protecting potential human life against a woman's right to choose, with different scrutiny levels applied in each trimester.

What are the two state interests recognized in abortion cases?

The health of the pregnant woman and the potentiality of human life.

What level of scrutiny applies during the first trimester for abortion restrictions?

Strict scrutiny.

What level of scrutiny applies during the second trimester for abortion restrictions?

Strict scrutiny, but slightly lower than the first trimester.

What level of scrutiny applies during the third trimester for abortion restrictions?

Rational basis.

What did the Supreme Court decide in Webster v. Reproductive Health?

The court upheld two Missouri restrictions on abortion but declined to reverse Roe v. Wade.

What was the outcome of Planned Parenthood v. Casey regarding the constitutional right to an abortion?

The court affirmed the right to an abortion but abandoned the trimester framework in favor of a viability standard.

What is the significance of the viability standard established in Planned Parenthood v. Casey?

It recognizes a woman's right to choose an abortion before viability without undue state interference.