Roe v. Wade - Cases Preceding & Following Roe v. Wade...

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What is the “right to privacy” and where did it come from? Read and summarize each of the following cases, explaining the “story” behind the case, the constitutional issues involved (from both sides), the Court’s decision and rationale, and the precedent resulting from the case. o Griswold v. Connecticut (1965) o Roe v. Wade (1973) o Webster v. Reproductive Health Services (1989) o Planned Parenthood v. Casey (1992) o Gonzales v. Carhart (2007) Read the commentary following the cases: o Cass Sunstein, “The Fate of Roe v. Wade and Choice” o “35 Years after Roe: A Legacy of Law and Morality” Do you agree or disagree with Sunstein’s notion that opposition to Roe code for other constitutional changes conservatives want to implement? Griswold v. Connecticut (1965) Facts of the Case: Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counseling, and other medical treatment, to married persons for purposes of preventing conception. Question: Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives? Conclusion: Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void. Roe v. Wade (1973) “Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy. The decision, written by Justice Harry Blackmun and based on the residual right of privacy, struck down dozens of state antiabortion statutes. The decision was based on two cases, that of an unmarried woman from Texas, where abortion was illegal unless the mother's life was at risk, and that of a poor, married mother of three from Georgia, where state law required permission for an abortion from 1
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a panel of doctors and hospital officials. While establishing the right to an abortion, this decision gave states the right to intervene in the second and third trimesters of pregnancy to protect the woman and the “potential” life of the unborn child. Denounced by the National Council of Bishops, the decision gave rise to a vocal antiabortion movement that put pressure on the courts and created an anti-Roe litmus test for the judicial appointments of the Reagan and Bush administrations (1981–93). In a 1989 case,
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This note was uploaded on 12/14/2009 for the course GOVT 32 taught by Professor Lind during the Spring '09 term at École Normale Supérieure.

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Roe v. Wade - Cases Preceding & Following Roe v. Wade...

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