CRCL final exam part 2 study guide Flashcards
(5 cards)
What is Roe v. Wade?
(Burger Court) Roe challenged a TX law making abortion illegal except by a doctor’s orders to save a woman’s life. Does the Constitution recognize a woman’s right to terminate her pregnancy by abortion? The SC sided with Roe, MO by Blackmun: The due process clause in 14th amend protects right to privacy, a women’s right to choose falls within that right. TX state law was too broad (didn’t consider stage of pregnancy or other interests). the state does have an interest in protecting the woman and potential life but it is weighed against the woman’s right. So Blackmun uses a trimester system: 1st, just woman. 2nd state may impose regulations related to maternal health. 3rd once fetus is viable state may regulate or ban abortions unless abortion is necessary for life/health of mother
What is Planned Parenthood v. Casey?
(Rehnquist court) SC upheld Roe but changed stuff a bit. New standard asks whether a state abortion regulation has the purpose or effect of imposing an “undue burden,” which is defined as a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability. States may regulate abortions to protect the health of the mother and the life of the fetus, and may outlaw abortions of “viable” fetuses. SC overruled trimester framework used in Roe.
What is Dobbs v. Jackson Women’s Health Organization?
(Roberts court) Mississippi had a law banning abortions after 15 weeks. An abortion clinic sued. SC overruled Roe and Casey. MO by Alito: const doesn’t mention abortion, right to abortion is not deeply rooted in USA history, its not a essential component of ordered liberty. Why the overrulings: “they short-circuited the democratic process”, did not have const, history, or precedent foundation, overruling them would not disrupt concrete reliance interests.
What is Griswold v. CT?
(1965 & Warren Court) CT made a law that banned the use of any drug, medical device, or other instrument in furthering contraception. Griswold opened a birth control clinic and was arrested. The question in this case is if the Constitution protects the right of marital privacy against state restrictions on a couple’s ability to be counseled in the use of contraceptives? The SC sided with Griswold and the MO by Douglas: Const does not explicitly mention privacy, the various guarantees within the BR create penumbras, that establish a right to privacy. the 1st, 3rd, 4th, and 9th amends create the right to privacy in marital relations.
What does Caroline products footnote 4 suggest?
the Court should exercise a stricter standard of review when a law appears to violate the Constitution, restricts the political process, or discriminates against “discrete and insular minorities” - in the roberts court era there has been a shift away from this thought process (first established in 1923) and towards a stricter originalism (understanding the constitution for what is meant when it was written)
