constitutional law class 37
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CONSTITUTIONAL LAW CLASS 37. FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL PROTECTION II: REPRODUCTIVE AUTONOMY. Buck v. Bell (1927) [CB p. 847]. Majority by: Holmes Joined by: Taft, Van Devanter, McReynolds, Brandeis, Sutherland, Sanford, Stone Dissent by: Butler - PowerPoint PPT PresentationTRANSCRIPT
CONSTITUTIONAL LAWCLASS 37
FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL
PROTECTION II: REPRODUCTIVE AUTONOMY
Buck v. Bell (1927) [CB p. 847]
• Majority by: HolmesJoined by: Taft, Van Devanter, McReynolds, Brandeis, Sutherland, Sanford, StoneDissent by: Butler
• On far left: Carrie Buck, near left (bottom): Dr James Bell, Superintendent of the VA State Colony for Epileptics and Feeble Minded
Fernald School (The Massachusetts School for Idiotic
and Feebleminded Youth)• See The State Boys
Rebellion by Michael D’Antonio
Skinner v. Oklahoma (1942) [C p. 849]
• Majority by: DouglasJoined by: unanimous courtConcurrence by: Stone (in the judgment of the court only)Concurrence by: Jackson
Griswold v. Connecticut (1965) [C p. 850]
• Majority by: DouglasJoined by: Warren, Clark, Brennan, GoldbergConcurrence by: GoldbergJoined by: Warren, BrennanConcurrence by: HarlanConcurrence by: WhiteDissent by: BlackJoined by: StewartDissent by: StewartJoined by: Black
Concurrence of Justice Goldberg
Concurrence of Justice Harlan
Eisenstadt v. Baird (1972) [C p. 856]
• 6-1• Opinion of the Court by: Brennan
Joined by: Douglas, Stewart, MarshallConcurrence by: WhiteJoined by: BlackmunDissent by: BurgerPowell and Rehnquist took no part in the consideration or decision of the case (neither was sworn in in time)
Roe v. Wade (1973) [C p. 859]
• The real “Jane Roe” was Norma McCorvey
• Wrote autobiographies “I am Roe” (1994), “Won by Love” (1997)
• Now a Catholic and supporter of the pro-life movement
Roe’s Lawyers
• Linda Coffee and Sarah Weddington (pictured, left)
• 26 years old when she first argued the case (her first!) before the Supreme Court
• Case was argued twice before the Court (unusual) 12/13/1971 and 10/11/1972
Majority Opinion in Roe v. Wade
• Written by Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, Powell
• 2 dissenters (Justices Rehnquist and White (in Doe v. Bolton)
• Concurrences by Justice Stewart, Douglas (in Doe v. Bolton) also Burger
WEBSTER v. REPRODUCTIVE HEALTH SERVICES (1989) [C p.
865]• 5-4• Plurality by Reh quist,
White and Kennedy• Concurrence by Scalia• Concurrence by
O’Connor• Dissenters: Blackmun,
Brennan, Marshall, Stevens
Planned Parenthood of Southeastern PA v. Casey (1992)[C p. 867]
• Plurality by: O'Connor, Kennedy, Souter (jointly)Concurrence/dissent by: StevensConcurrence/dissent by: BlackmunConcurrence/dissent by: RehnquistJoined by: White, Scalia, ThomasConcurrence/dissent by: ScaliaJoined by: Rehnquist, White, Thomas
Class on Tuesday
• 11-12
• Preemption
• Assignment: Reading for Class 23