SDP and Fundamental Rights Strand of EPC Cases

Who wrote Lochner v. NY and in what year?

Justice Peckham in 1905

What is the basis for the concept of the fundamental right to contract?

Lochner v. NY (1905), where the court found the right to contract in the word "liberty"

What level of scrutiny did the right to contract get during the Lochner Era / Gilded Age?

Strict Scrutiny

What case overturned Lochner v. NY (1905)?

West Coast Hotel v. Parrish (1937)

In 1940, what level of scrutiny would the right to contract get?

Low level rational basis

When is the concept of rational basis with bite first introduced?

In Footnote 4 of US v. Carolene Products (1938)

Who wrote Footnote 4 of Carolene Products, and in what year?

Justice Stone in 1938

What case explicitly decided that all economic legislation is presumptively constitutional?

Williamson v. Lee Optical (1955)

Who wrote Williamson v. Lee Optical and in what year?

Justice Douglas in 1955

What was the issue in Meyer v. Nebraska (1923)?

Statute made it a crime to teach languages other than English pre-high school

What did the court decide in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925)?

Interpreted the word liberty to include a parent's authority to decide how their child is educated

What was the issue in Pierce v. Society of Sisters (1925)?

Statute banned private schools

In what years were Meyer v. Nebraska and Pierce v. Society of Sister decided?

1923 and 1925

What was the issue in Buck v. Bell (1927)?

Forced sterilization of mentally handicapped

Who wrote Buck v. Bell and in what year?

Justice Holmes in 1927

What level of scrutiny did they use in Buck v. Bell?

Low Level Rational Basis

What case effectively overturned Buck v. Bell (1927)?

Skinner v. Oklahoma (1942)

Who writes Skinner v. Oklahoma and in what year?

Justice Douglas in 1942

What basis does the Court give for Skinner v. Oklahoma (1942) decision?

The Court uses EPC in grouping criminals of embezzling who do not get sterilized and criminals of theft who do get sterilized

What is the first case to use the words strict scrutiny?

Skinner v. Oklahoma (1942) with Justice Douglas writing the opinion

Why did the Court use EPC as the basis of analysis in Skinner v. Oklahoma (1942)?

Far of Lochnerizing, but still used fundamental rights language ("Marriage and procreation are fundamental to man")

Who wrote Rochin v. California and in what year?

Justice Frankfurter in 1952

What was the issue in Rochin v. California (1952)?

Police saw a guy ingest drugs, and then pumped his stomach to charge him with possession

What did the court decide in Rochin v. California (1952)?

Police could not pump a drug user's stomach to charge him because it violated his Due Process of Law

Who did not like Due Process in Rochin v. California (1952)?

Justice Black

What case dealt with punishing the status of being a drug addict?

Robinson v. California (1962)

What did the Majority use as the basis of its analysis in Robinson v. California (1962)?

Court cast it as an 8th Amendment Case, but Justice White dissented, saying the 8th Amendment was just a disguise for SDP

What case, after Lochner, gives a non-textual fundamental right, and what is that right?

Griswold v. Connecticut (1965) gives the fundamental right to contraception for heterosexual married couples

Who writes Griswold v. Connecticut and in what year?

Justice Douglas in 1965

In terms of the 3-legged stool, who relies on what in Griswold v. Connecticut (1965)?

Justice Douglas relies on text in Majority; Justice Harlan relies on history in concurrence, and Justice Goldberg relies on reason in concurrence

What word never appears in Griswold v. Connecticut (1965)?

Liberty

What case modifies the paradigm of the fundamental right to contraception, and what is the new paradigm?

Eisenstadt v. Baird (1972), fundamental right to contraception for heterosexual people

Who wrote Eisenstadt v. Baird and in what year?

Justice Brennan in 1972

What was the constitutional basis for Eisenstadt v. Baird (1972)?

EPC: Single people's right to contraception vs. Married People's right

Who writes Roe v. Wade, and in what year?

Justice Blackmun in 1973

What level of scrutiny does the majority use in Planned Parenthood v. Casey, and what year was it decided?

Rational Basis with Bite and 1992

What test did the Court in Casey (1992) proscribe?

The Undue Burden Test

What case knocks abortion down to an autonomy interest?

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

Who writes Dobbs, and in what year?

Justice Alito in 2022

What 2 cases give the basis for marriage being a fundamental right?

Loving v. Virginia (1967) and Zablocki v. Redhail (1978)

Who writes Zablocki v. Redhail and in what year?

Justice Marshall in 1978

Who wrote Bowers v. Hardwick, and in what year?

Justice White in 1986

What level of scrutiny did the Court use in Bowers v. Hardwick (1986) and why?

Low Level Rational Basis because it said there was no fundamental right to engage in sodomy

What case overturns Bowers v. Hardwick?

lawrence v. texas (2003)

Who writes Lawrence v. Texas and in what year?

Justice Kennedy in 2003

Is private sexual behavior a fundamental right in Lawrence v. Texas (2003)?

Kennedy never says it is, but does say there is an inherent freedom to have sex between consenting adults

What case gave gay people rational basis with bite review, rather than just low level rational basis?

Romer v. Evans (1996)

Who wrote Romer v. Evans and in what year?

Justice Kennedy in 1996

What case formally say the right to gay marriage is protected by the constitution?

Obergefell v. Hodges (2015)

Who wrote Obergefell and in what year?

Justice Kennedy in 2015

What liberty interest does Cruzan v. Missouri (1990) give?

Liberty interest to reject artificial life-prolonging measures

What level of scrutiny would a state regulation requiring clear and convincing evidence of a person's wishes to pull the plug on life support, and would it be constitutional?

Rational Basis with Bite, and yes as long as not unduly burdensome per Cruzan v. Missouri (1990)

What level of scrutiny would a state regulation banning assisted suicide get?

Low Level rational basis, per Washington v. Glucksberg (1997)

Who wrote Cruzan v. Missouri and in what year?

CJ Rehnquist in 1990

Who wrote Washington v. Glucksberg and in what year?

CJ Rehnquist in 1997

What case dealt with an indigent criminal's ability to appeal, and under what analysis?

Griffin v. Illinois (1956), as the fundamental rights strand of EPC case

What case dealt with an indigent's right to counsel in a criminal trial, and under what analysis?

Douglas v. California (1963) as a fundamental rights strand of EPC case

What was the statute at issue in Shapiro v. Thompson (1969) and what scrutiny did it get?

California denied new residents welfare for the first few months they were there; struck down at rational basis with bite

What case said there was a fundamental right to travel?

Shapiro v. Thompson (1969)

What case struck down a California welfare waiting period that was only a relative deprivation?

Saenz v. Roe (1999)

What was the basis for the decision of Saenz v. Roe (1999)?

The Privileges or Immunities Clause of the 14th Amendment

What case said that literacy tests are facially constitutional?

Lassiter v. Northampton County Board of Elections (1959)

What case said that poll-taxes are facially unconstitutional?

Harper v. State Board of Elections (1966)

What case said the Court would not deal with gerrymandering cases?

Vieth v. Jebelirer (2004)

What case said Voter ID Laws are facially constitutional?

Crawford v. Marion County Board of Elections (2008)

Who wrote San Antonio Independent School District v. Rodriguez, and in what year?

Justice Powell in 1973

Who dissented in San Antonio Independent School District v. Rodriguez (1973), and what was their essential argument?

Justice Marshall saying that 2-tier scrutiny sucks

What did Rodriguez (1973) deal with?

Texas had a system of funding residential schools through property taxes, with a cap on those taxes

Was the statute in Rodriguez (1973) upheld or struck down and at what scrutiny level?

Upheld at low level rational basis

Why did Rodriguez (1973) use LLRB?

Those in poorer schools were not suspect classes because they were not subject to absolute deprivation of a desired benefit and there is not fundamental right to education

What are the levels of scrutiny used for SDP?

Strict scrutiny, rational basis with bite, and low level rational basis

In terms of adequate and independent state grounds, what does adequate mean?

the state rule being relied on in the decision can dispose of the case

In terms of adequate and independent state grounds, what does independent mean?

the state clearly shows that the state law it is relying on is the ONLY thing it is relying on

A state makes a law that its citizens have a fundamental right to assisted suicide and issues relating to that are entitled to strict scrutiny. Its state supreme court upholds the statute on interpreting its state constitution. What will the SCOTUS do?

Uphold the statute because adequate and independent state grounds!