The Constitutional Right to Abortion: Key Legal Cases Explained
The discussion covers the constitutional right to abortion, focusing on significant legal cases such as Griswold v. Connecticut, Roe v. Wade, and Planned Parenthood v. Casey. The analysis delves into the evolution of abortion rights, the trimester framework, privacy considerations, and the principle of stare decisis in judicial decisions.
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Presentation Transcript
Is there a constitutional right to abortion? https://www.youtube.com/watch?v=bJEUzLVanAc
Three Big Cases Griswold v. Connecticut (1965) SCOTUS rules that state law criminalizing use and sale of contraceptives is unconstitutional Justice William Douglas: In other words, the First Amendment has a penumbra where privacy is protected from governmental intrusion The alphabet soup theory Roe v. Wade (1973) 7-2 decision Planned Parenthood v. Casey (1992) 5-4 decision
Roe v. Wade (1973) https://www.youtube.com/watch?v=Uzi5TneWDoc Affirms constitutional right to abortion based on right to privacy between a woman and her doctor Trimester framework: First trimester: abortion should be left to the choice of the woman Second: balancing test; abortion allowed if reasonably related to woman s health Third: abortion only legal if it s to save the life of the woman Justice Blackmun (majority opinion) doesn t really answer the question of where this fundamental right to privacy comes from 14th? 9th? 1st? https://www.youtube.com/watch?v=Rj_MhS2u-Pk
Roe v. Wade (1973) Think of Roe s holding as three parts: 1. A recognition of the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the State 2. A confirmation of the State s power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger the woman s life or health 3. The principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child
Planned Parenthood v. Casey (1992) Reaffirms the three-part holding of Roe, but changes the trimester framework to an undue burden standard (state laws governing abortion cannot create an undue burden on a woman s access to abortion) Liberty finds no refuge in a jurisprudence of doubt The importance of stare decisis to the Casey decision Stare decisis: roughly, a thing decided Majority: we re not gonna overrule Roe just because we might disagree with its decision JUDICIAL LEGITIMACY
Access to Abortion Hyde Amendment no federal funding for abortion with only a few exceptions Planned Parenthood and other family-planning centers John Oliver clip on crisis pregnancy centers : https://www.youtube.com/watch?v=4NNpkv3Us1I What does Planned Parenthood actually do? https://www.youtube.com/watch?v=ItNzwFq2Q1 U Texas undue burden? https://www.youtube.com/watch?v=XpqUU3DzQtY
Questions Is abortion a privacy issue? A women s rights issue? A health issue? Should access to a safe abortion be considered a human right? How much weight should a man s opinion be given regarding a potential abortion in the female s choice to terminate a pregnancy? Is abortion a topic best suited for the legislature to handle rather than the Supreme Court? What about gay marriage? Gun rights?
Questions Should religious arguments have a role in dictating abortion policy? Freedom of religion vs. freedom from religion Is there a point at which it should be too late to get an abortion?
Resources Jane s Due Process: https://janesdueprocess.org/about-jdp/ Planned Parenthood: https://www.plannedparenthood.org/ Phone number: 1-800-230-PLAN
