RIGHT TO PRIVACY AS DUE PROCESS

Question 1

Griswold Facts

Answer 1

Appellants were arrested for prescribing contraceptives to married people which violated the connecticut statutes. teh argument here was that they were trying to stop ilicit relations.

Question 2

Griswold- rule

Answer 2

An implied right of privacy exists within the Bill of Rights that prohibits a state from preventing married couples from using contraception.

Question 3

Griswold- Reasoning

Answer 3

• There are specific gurantees in the bill of rights have penumbras formed by emanations from thise gurantees that help give them life and substane. Various gurantees create zones of privacy within 1st, 3rd, 4th, 5th, and 9th.

Question 4

Roe v. Wade- Rule

Answer 4

The constitutional right to privacy protects a woman’s right to choose to have an abortion.

Question 5

Roe- analysis

Answer 5

• whether the right is found in the 14th amendment consept of personal liberty or in the 9th amendment, it is protected.
• woman were burdened by the law at hand.
• the right is not absoklute- there has to be a balncebetween the interests of teh ststa ena dthe interests of the mother.

Question 6

Roe- Trimester framework

Answer 6

a state may regulate abortion after the first trimester if it reasonably relates to the preservation and protection of maternal health but **may not regulate the 1st trimester.

A states interest in potential life becomes comeplling at viability and may proscribe abortion after viability except for the health of the mother.

Question 7

Casey- Facts

Answer 7

act at issue is a regulation on abortion- it requires women seeking anabortion must give informed consent to, a mandatory waiting period. requires minors to receive the informed consent of parent, spousal notification, etc.

Question 8

Casey- reasoning

Answer 8

• we are not overturning roe as people have relied on it, we just have to make some mods.
• the trimester framework is unecessary to accomplish the objective of protecting the women’s right to choose against the state’s interest in fetal life.
• the states are free to proveide a reasonable framework for a woman to make the decision (subject to teh undue burden test)

Question 9

Casey- what came out of it

Answer 9

undue burden test replaces the trimester framework!

undue burden test- an undue burden exists if the purpose or effect is to place a substantial obstancle in the path of a woman seeking an abortionbefore the fetus attains viability.

• spousal notification was deeed to be an undue burden here.

Question 10

Hellerstedt 2016

Answer 10

abortion regulations that do not sufficiently serve their sttaes giv interest unconstitutionality impose an undue burden on patients seeking abortion.
* thomas, cjr, alito dissented here

Question 11

June medical 2020

Answer 11

supreme court struck down a lousiana law requiring doctors who perform abortions to have admitting privilees at a nearby hospital.
* dissent- alito, thimas, gorsuch, kavanaugh.
* cjr concurred emphasizing stare decisis.

Question 12

Dobbs - Facts and rule

Answer 12

Facts- challenge to mississippi law prohibiting abortions after 15 weeks of gestation.

rule- the us constitution does not confer a right to an abortion.

Question 13

Dobbs- analysis

Answer 13

6-3 decision

• Abortion is a profound moral issue- americans have three different views (1) whwther human life begins at conception (2) whether abortion harms human life, (3) abortion should be allowed with certain restrictions.
• abortion is not explicitly stated in the const, and such right not explicitly stated in the const MUST BE DEEMED **FUNDAMENTAL. (next card)

Question 14

Dobbs- Test for Fundamental

Answer 14

must be (1) deeply rooted in the nation’s history and liberty, and (2) must be esstential to the american scheme of ordered liberty.

Question 15

Dobbs- (stare decisis) 5 factors in favor of overruling abortion precedent despite stare decisis.

Answer 15

1. nature of the error- roe was wrong the dat it was decided.
2. not grounded in the const or our history
3. unworkability- precedential rules surrounding abortion arent’s workable.
4. negatively affected other areas of law- issues of standing, severability.
5. reliance interests- women can make other reproductive plans.

Question 16

DOBBS- CJR Concurrence

Answer 16

He did not agree with overruling Roe andCasey, but he did not agree with teh viability standard as it was too vague.
he is not as extreme as the majority or the dissent-he just wants a narrow decisionthat rejects the biability line- global consensus- lits of countries have fallen around 20 weeks.

Question 17

DOBBS- Thomas’ weird ass concurrence

Answer 17

Let’s look at griswold, lawrence, and obergefell too!!!

Question 18

Dobbs- Kavanaugh Concurrence

Answer 18

he shades the hypotheticals that the dissent state- basically saying thet are going too far. he wants to emphasize that this is a state issue and this decision doe snot bar citizens from going to other states.

Question 19

Dobbs- Dissent

Answer 19

3 girlies.

• They are worried that other opinions are not safe. people will fear the court.
• korematsu- refers to a case that was decided and was a loaded weapon, just as Dobbs will be.
• The dissent believes that they care of fetal life by acknowledging viality, but alito believes that this is not the case bc life begins at conception.
• remember this case is all about lines and who is crossing them.

Question 20

WHAT IS THE DIFFERENCE BETWEEN EP AND DP?

Answer 20

DP is concerned with the righ and identifies the right. EP is concerned with the need for equality.

Question 21

Mifesterone case- facts and rule

Answer 21

facts- discussions about the abortion pill and how this w ould make abortions easied, FDA case hwere doctors said they wanted to challenge the regulation requirements- lots to do with the FDA.

Ruling- no standing.

Question 22

Mifesterone- analysis

Answer 22

by Kavanaugh
* for standing, we need- injury, causation, redressability.
*no standing here bc he did not pertain to the plaintiff, no injury if a doctor can refuse to see certain patients bc of their conscious beliefs.
they tried to argue organization standing- but Kav says u cant buy standing!!!

Question 23

Mifesterone- how does Thomas feel about 3p standing?

Answer 23

does not like it! plaintiffs cannot assert standing by trying to assers the rights of another person.

Question 24

Moyle- facts and question

Answer 24

facts- strict abortion bans after dobbs, women in health amergencies are not always protected, this ties together thenew state of abortion regulation and EMTALA.
- ARGUMENT: the biden admin argued that EMTALA requires physisicans to offer necessart stabilizing treatments, including abortion if needed for emergencies, as it shoiuld reemt conflicting state laws.

QUESTION: whether emtala mandates hospitals to provide emergency abortion care despite state restrictions, specifically in Idaho, which has strict abortion laws.

Question 25

Moyle- what happened?

Answer 25

Court did not make a full holding on this. - Sotomayor, Jackson,, and Kagan- we need to answer thisbc this can pose serious health risks to pregnan woman. kagan specifically says that fed law emtala should preempt idaho state law, Jackson emphasizes that not deciding this is dangerous to women. - Alito- does not agree with Kagan. EMTALA protects life which includes the life of the unborn. (kagan combats and says that emtala never specifically mentions teh unborn). Alito also believes that this could have been decided now. he real conflict here is weighing a woman's life and the unborn (thomas agrees) - ACB- spending clause issue here- fed goct has limited authoirty to impose conditions on sttae funding related to abortion services. states should have autonomy to decide how they allocate funds, especially concerning health care, need to respect state sovereignty. -

Question 26

# THE RIGHT TO DIE Two issues at question with right to die:

Answer 26

1. is there a const right to refuse treatment? 2. is there a const right to abortion?

Question 27

# THE RIGHT TO DIE Cruzan- facts

Answer 27

cruzan is badly injured and left in a vegetative state, her parents want to stop her nutrition and hydration. but missorui had a rule that said that if you wanted to remove people from treatemnt, there needs to be clear and convincing evidence standard to prove that she would refuse treatment since she is an incompetannt person and cant decide for herself.

Question 28

Cruzan- holding

Answer 28

Missouri could place a clear and convincing evidence standard on proving that incompetent patients would refuse treatment.

Question 29

# THE RIGHT TO DIE Cruzan - analysis

Answer 29

* The principle that a competent person had a constitutionally protected liberty interest in refusing unwanted med treatment may be inferred from prior decisions. But, Missouri is allowed to place this tough evidentiary standard bc of its desire to protect life. - think about how you can tie this into the dobbs decision i guess the court has also emphasized protecting life.

Question 30

# THE RIGHT TO DIE The const right to physician assisted suicide- two cases (1) DP (2) EP

Answer 30

1. DP case- Glucksberg 2. EP Case- Vacco v. Quill

Question 31

# THE RIGHT TO DIE GLUCKSBERG-

Answer 31

holding- unanimous court held that washington's assisted suicide ban didn't violate DP. analysis- constitutional liberty does not support a right to die, assisted suicide is diff from refusing treatment. concurrence- if doctors can take care of your pain, then you're liberty is protected. **the dobbs opinion cites this bc it has to be a core fundamental right of our country, and we must look at history and tradition to find if there is a fundamental right.

Question 32

# THE RIGHT TO DIE Vacco

Answer 32

the court rejected phsyician assites suicide under EP. challengers argued that i violated EP to allow some patients to refuse life saving treatment while others could not choose suicide. - the court rejected this and endorsed a distinction between assisted suicide and lifesaving treatment.