Right to Privacy

Question 1

What are the main areas of right to privacy?

Answer 1

• Child rearing and education
• Contraceptives
• Abortion

Question 2

Meyer v. Nebraska

Answer 2

• Teaching forgein language to kids
• Court held this was unconstitutional because it violated education privacy
• Didn’t use 9th amendment because the court considers that amendment unenforceable

Question 3

Pierce v society of sisters

Answer 3

• Child rearing and education case
• Law required kids attend public schools
• Law is unconstitutional because they can’t restrict right to education

Question 4

Griswald v Connecticut

Answer 4

• Contraceptives case
• Defendants are doctors and patients
• Doctors can be charged because the statute included aider and abetter
• The court framed the right as the right to privacy in marriage
• Court reasoned right to marriage is protected because they look at the penumbra of amendments that involve privacy, so there is then a zone of privacy

Question 5

Eisenstadt v. Baird

Answer 5

• Court used equal protection to invalidate the statute

- No longer exclusive to married people

Question 6

Roe v Wade

Answer 6

• Court used strict scrutiny because fundamental right
• Compelling interests the state argued were life of mother and potential life
• Court said viability is where interest of the state becomes compelling
• Court held trimester system for the health of the mother
• First trimester they can’t regulate
• Second trimester some regulation with doctor’s opinion
• Third trimester viability regulation with exception to health to the mother which includes saving her life but also mental health

Question 7

Planned Parenthood v. Casey

Answer 7

• Court uses stare decisis test to determine precedent
• Factors under stare decisis: change of facts, change of law, impossible to administer, reliance
• Constitutional significance is that the level of scrutiny is changed to the undue burden test

Question 8

Gonzales v. Carhart

Answer 8

• Court held that regulation of partial birth abortions is constitutional
• The prior case from Nebraska wasn’t officially overruled, but stealth overruling
• Problems with stealth overruling are administrability and avoiding stare decisis

Question 9

Loving v. Virginia

Answer 9

• Interracial marriage case

- Court held that marriage is a fundamental right and subject to strict scrutiny

Question 10

Zablocki v. Redhail

Answer 10

• Fornication laws through marriage and child support
• Court held over inclusive because some marry rich and marrying can improve financial situation
• Court held under inclusive by not preventing people from assuming other debts
• Not narrowly tailored under strict scrutiny