Women's Healthcare Privacy Cases and Vocabulary (3.10-3.13

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Griswold v Connecticut (1965)

The constitutional right to privacy protected the right to contraceptives. Argues the Bill of Rights created penumbras/implied rights

Roe v. Wade (1973)

Protects the womens right to an abortion and struck down any state laws that banned or severly restricted the procedure. Protected by the due process clause of the 14th Amendment.

Planned Parenthood v. Casey (1992)

Reaffirmed Roe v. Wade but weakened its protections, allowed states to impose abortion restrictions as long as they did not place an “undue burden” on women seeking abortion

Gonzales v. Carhart (2007)

Ruled that the Partial-Birth Abortion Ban Act of 2003 (5 restrictions on abortions) was constitutional and did not impose an undue burden on a womens rights to an abortion.

Dobbs v. Jackson Women’s Health Organization (2022)

Overruled Roe and Casey, deciding the right to abortion had state authority

What is the order of the Womens Rights Cases?

Griswold v Connecticut

Roe v. Wade

Planned Parenthood v. Casey

Gonzales v. Carhart

Dobbs v. Jackson

Scruntiny test

A legal framework to evaluate whether a law or government action violates constitutional protections.

Strict scruntiny

highest standard, laws must serve a compellling government interest and be narrowly tailored

Intermediate scruntiny

requires a substantial government interest (mostly in discrimination and gender cases)

Rational basis (scruntiny)

lowest standard, laws musr have a rational relation to a legitimate government interest

Compelling interest

A high bar the government must meet under strict scrutiny

Penumbras

Legal theories (implied rights, privacy, due process, enumerated vs unenumerated rights, judicial interpretation, and substantive due process)