sex&law midterm

sex&law midterm - Griswold Roe Casey one other abortion...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Griswold Roe Casey one other abortion case (your choice from the list for 26 Feb. class mtg) in which the right to choose was limited Bowers Lawrence. Know the Court's decision in each case discuss the basic argument doctrinal approach of the majority/plurality Bonus points are available for some references to the dissents, but they are not your primary focus. You will be asked to give your own opinion -- was each case rightly decided? Griswold – Penumbra of the Bill of Rights Right to privacy, Bill of Rights, Amend 9, Amend 14 due process clause Roe: 14 th Amend focus: procedural vs. substantive due process tests Undue Burden: Right of a woman to decide cannot be impinged upon by state (also derived from 1 st , 3 rd , 4 th , 5 th , 9 th , and 14 th Amendments) Roe's holding that a Texas statute which criminalized all nontherapeutic abortions unconstitutionally infringed the right to an abortion derived from the Due Process Clause – right is fundamental, strict crutiny required Webster v. Reproductive Health Services, 492 U.S. 490 (1989), was a United States Supreme Court decision on July 3, 1989 that some believe in part compromised Roe v. Wade's protection of abortion it allowed a Missouri law that imposed restrictions on the use of state funds, facilities and employees in performing, assisting
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
with, or counseling on abortions The state of Missouri passed a law which, in its preamble, stated that "the life of each human being begins at conception" and "unborn children have protectable interests in life, health, and well-being". The statute 1. required that all Missouri state laws be interpreted to provide unborn children with rights equal to those enjoyed by other persons, subject to limits imposed by the federal constitution, and federal court rulings; 2. prohibited government-employed doctors from aborting a fetus they believed to be viable; 3. prohibited the use of state employees or facilities to perform or assist abortions, except where the mother's life was in danger; and 4. prohibited the use of public funds, employees, or facilities to
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 04/06/2008 for the course GOVT 4625 taught by Professor Smith,am during the Spring '08 term at Cornell.

Page1 / 5

sex&law midterm - Griswold Roe Casey one other abortion...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online