Studied by 29 people
right to privacy
Griswold v Connecticut
specific guarantees in the bill of rights extend from those guarantees that help give them life and substance
impact of Griswold v Connecticut
replaces Lochner's right to liberty of contract as an unenumerated right worthy of constitutional protection
Griswold v. Connecticut (1965)
facts
1879 Connecticut law banned use of birth control, even among married couples
- Griswold, Planned Parenthood Director and Dr. Lee from Yale arranged the test
Girswold v. Connecticut (1965)
holding
court struck down the law on the ground it violated the right to marital privacy
world bf Roe
1970s how many states allowed abortion when a women’s health was in danger
how many states prohibited abortion at all stages of pregancy
danger: 14 states + dc
all stages: 30 states
Roe v Wade (1973)
law
texas prohibited abortion except when necessary to save mother’s life
roe couldn’t get an abortion
Roe v Wade (1973)
question presented
does the constitution recognized the right of a woman to terminate her pregnancy by abortion
Roe v Wade (1973)
holding
constitution creates a right to privacy that encompasses a woman’s fundamental right to terminate her pregnancy
the women’s right to privacy (from Griswold) trumps the state’s police powers
whether it found in the 14th or 9th is board enough to encompass a woman’s right to terminate her pregnancy
Roe v Wade (1973)
holding - 3 semester framework
first trimester: state may not regulate
second trimester: state may regulate to safeguard women’s health
(during the first 2 trimester the decision is largely left up to the parents, and the doctor)
third trimester: state’s interest in preserving the life of an unborn is compelling, states may limit or ban
what 2 general strategies did Congress purse in their attempt to limit Roe
“right to life“ amendments
congress enacted 30 laws restricting the availability of abortions
congress barred the use of funds for programs in which abortions is included as a method of family planning
who is pushing for the anti-abortion legislation
catholics and evangelicals uniting to form pro-family coalitions
abortion and presidential elections
issue of presidential politics
1980s to 2010s, continues today
abortion and judicial nominations
become more contentious
when Justice Scalia dies in 2016
republican controlled Senate refused to hold any nominations
Trump ran w/ pro-life justices campaigning
Planned Parenthood v Casey (1992)
challenged law
abortion providers challenged Pennsylvania abortion restrictions that require
doctors to tell women about fetal development to gain “informed consent“
24 hr waiting period
minors to obtain consent of parent or judge
married women to notify her husband w/ limited exceptions
Planned Parenthood v Casey (1992)
question presented
did the appellate court err in upholding all provisions except spousal consent?
Planned Parenthood v Casey (1992)
Troika
Scouter, O’Connor, Kennedy join together to co-write an opinion, upholds most of the restrictions in the law under O’Conner’s “undue burden“ test
Stevens and Blackmun join their opinion
Planned Parenthood v Casey (1992)
holding (5/4)
reaffirmed Roe’s central holding (right to abortion) but replaced the 3 trimester formatting
BF viability (around 20 weeks) women can obtain an abortion w/out “undue interference from the state“
AF viability State can restriction abortions as long as there is an exception for health/safety of the women
state has legitimate interest in protecting the health of women and life of the fetus
Roe → Casey changes
right to abortion is no longer considered “fundamental right“ of pregnancy
is now a “liberty interest to chose to terminate or continue her pregnancy bf viability“
they rely on the right to liberty under the 14th amendment
Planned Parenthood v Casey (1992)
Scalia dissent
question if this is a liberty protected by the Constitution of the US
the constitution says nothing about it
the longstanding traditions of American society have permitted it to be outlawed
why did Kennedy O’Connor and Scouter given in Casey for not overruling Roe
they didn’t want the court to be seen as a “naked-power organ“ a political institution who decisions are simply overturned on the personnel changes on the court
how many states asked the court to overturn Roe and Casey in Dobbs
26 states
Dobbs v Jackson Women’s Health (2022)
facts, law challenged
Mississippi banned most abortions after 15 wks
Dobbs v Jackson Women’s Health (2022)
question presented
do all pre-viability bans on elective abortions violated the consitution
Dobbs v Jackson Women’s Health (2022)
tea about the question
forced the hand of the court to rule on Casey/Roe
80 amicus briefs for Miss
50 amicus briefs for Jackson
Dobbs v Jackson Women’s Health (2022)
majority opinion
Abortion as moral issue that Americans disagree, Roe removed abortion from political process by finding Constitution protected a women’s right to choose, Roe/Casey are overruled
the constitution does not protect abortion
not enumerated
not an unenumerated right bc it is not deeply rooted w/ our nation’s history/tradition (Washington v Glucksberg)
stare decisis does not require upholding Roe / Casey
legitimacy
Dobbs v Jackson Women’s Health (2022)
majority - standard from Washington v Glucksberg
rights that are not mentioned in the Constitution must be deeply rooted in the nation’s traditions and history
not an issue until late 20C, entirely unknown from American Law
must be implicit to the concept of ordered liberty
Dobbs v Jackson Women’s Health (2022)
majority- why stare decisis does not apply
Roe is an abuse of judicial authority, wrong from the start, reasoning is weak and damaging
has created enflamed debate and deepening division
Dobbs v Jackson Women’s Health (2022)
dissent (Breyer, Sotomayor, Kagan)- constitutional interested that were protected by Casey and Roe
substantive liberty interest
promoted equality
Dobbs v Jackson Women’s Health (2022)
dissent- Casey reaffirmed Roe
first stages of pregnancy the women has the right to choose, the gov can not control a women’s body or the course of her life, determining her future
Dobbs v Jackson Women’s Health (2022)
dissent- what other rights could losing their constitutional protection now
bodily integrity, familial relationships, procreations
Dobbs v Jackson Women’s Health (2022)
dissent- stare decisis
requires SC to uphold roe/casey
women have relied on the availability of abortion both in structuring their relationships and planning their lives
reaction to dobbs from the white house
biden signs bill to protect same-sex marriage and interracial marriages
reaction to dobbs the public
unfinished opinion was leaked: lead to protest at the court, people outside of justices’ homes, large outcry from the public
reaction of dobbs midterm elections
affect how people vote and some unexpected swings in states
Note 
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