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Constitutional Law > Abortion > Flashcards

Abortion Flashcards

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1
Q

Explain Griswold v. CT

A

state statute prohibited any person including married couples from using contraception.

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2
Q

What review was used in Griswold

A

kinda strict scrutiny - effect is strict scrutiny

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3
Q

holding in Griswold

A

fundamental right to spatial privacy for married couples to engage in intimate relations within the marital bedroom. This is a protected zone of privacy.

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4
Q

what is spatial privacy

A

specific to a specific relationship and unfolds in a very specific place

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5
Q

What does Black Dissent say in Griswold

A

no right to privacy in Constitution so government has a right to invade and court shouldn’t protect any unenumerated rights

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6
Q

Explain Eisenstadt v. Baird

A

state statute prohibiting distribution of any drug/device to unmarried persons for the prevention of contraception

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7
Q

what review was applied in eisenstadt

A

rational basis review

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8
Q

holding in Eisenstadt

A

struck down under equal protection clause: fundamental right. This discriminated against married and unmarried people

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9
Q

what did eisenstadt claim Griswold gave?

A

Gave decisional right to bear and beget a child

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10
Q

Explain Carey v. Population Services

A

Ny law prohibiting anyone besides licensed pharmacist from distributing contraceptives

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11
Q

Holding in Carey

A

STRUCK DOWN. Right to privacy for individual decisions in matter of childbearing from unjustified instrusions of the state.

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12
Q

Explain Roe v. Wade

A

state statute makes abortion a crime except by medical advice for the purpose of saving the life of the mother

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13
Q

what is the nature of the claimed right

A

claimed right is a catalogue of harms that pregnant women are going to suffer if abortion is not available like unwanted pregnancies, inability to take care of more children, socioeconomic harms and physician interests

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14
Q

what is the state interest in Roe

A

protecting fetal life and also wanting to protect the pregnant women’s health and safety

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15
Q

Holding in Roe

A

Blackmun uses strict scrutiny and says the fundamental right to personal privacy in constitution encompasses woman’s right to terminate pregnancy.

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16
Q

What is the trimester framework established in Roe

A

1st: gov cannot prohibit, can only regulate as other medical procedure
2nd: gov cannot prohibit, may regulate if reasonably related to mom’s health
3rd: gov may prohibit for potential life, except if necessary to save mom’s life

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17
Q

What did the dissent in Roe say

A

White = this is not a private thing and this case did not implicate the constitutional right to privacy. Extravagant exercise of power of judicial review that Constitution extends to this court.

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18
Q

Explain Planned Parethood v. Casey

A

PA Abortion Control Act requires informed consent for husbands and minors, 24 hour waiting and spousal notification

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19
Q

Holding in Casey

A

UPHELD except spousal notification because that is an undue burden. Right to abortion is grounded in the liberty prong of the due process clause of the 14th amendment.

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20
Q

What did Casey change the Roe trimester framework to

A

pre viability/ pos viability

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21
Q

pre viability

A

women are free to get exceptinos but state can spew propaganda

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22
Q

post viability

A

state can ban with a health exception

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23
Q

standard of review in Griswold

A

strict scrutiny because they determined a fundamental right

24
Q

Was there a fundamental right in Griswold

A

YES - right of privacy

25
Q

Standard of review in Eisenstadt

A

Equal Protection

26
Q

Is there a fundamental right in Eisenstadt

A

Yes

27
Q

What is the standard of review in Roe

A

Strict Scrutiny - need to have a compelling interest and the means that you choose have to be narrowly tailored

28
Q

Standard of review in Casey

A

Undue Burden standard

29
Q

Explain Stenberg v. Carhart

A

1997 nebraska law that banned abortion procedure that was referred to as partial birth abortion

30
Q

what were the three reasons that Doctor Carhart thought the ban was unconstitutional

A
  1. It was vague: partial birth abortion is not a medical term and the law is not precise on which abortion acts the law prohibited
  2. It violated undue burden standard
  3. it lacked health exception for the pregnant person
31
Q

Holding in Stenberg. v. Carhart

A

struck down statute = it is too broad and cannot be reasonably interpreted into which procedures it covers. It might create an undue burden for a small group of people where that specific procedure might be safer.

32
Q

Explain Gonzalez v. Carhart

A

Partial Birth Abortion Ban Act of 2003 - federal statute regulation abortion procedures of D&E during 2nd trimester.

33
Q

What standard was used in Gonzalez

A

Rational Basis review - reasonable state interest in promoting respect for human life at all stages of pregnancy

34
Q

Holding of Gonzalez v. Carhart

A

UPHELD statute despite having no health exception. There is no necessity for any pregnant person to access this type of abortion.

35
Q

Dissent (Ginsburg) in Gonzalez

A

Upholding the act violated the precedent set in Casey and the statute must include provision protecting pregnant person’s health

36
Q

Explain Whole Women’s Health v. hellerstedt

A

Texas bill requires physicians performing abortion to be within 30 miles of ambulatory surgical centers and required facilities that provide abortions to meet the minimum standards.

37
Q

Holding in Whole Women’s Health v. Hellerstedt

A

STRUCK DOWN: not reasonably related and there is too much of a burden.

38
Q

What test do we use in WHole WOmen’s Helath v. Hellerstedt

A

Changes undue burden to balancing test = the proportionality test

39
Q

Thomas Dissent in Whole Women’s health v. Hellerstedt

A

Court’s abortion jurisprudence had been expanded significantly with a reinterpretation of the undue burden standard

40
Q

Alito dissent in Whole Women’s Health v. Hellerstedt

A

Petitioners had made little eforrt to show why particular clinics closed suggesting it wasn’t clear this was a consequence of the provision

41
Q

Holding in June Medical Services v. Russo

A

Reaffirmed Whole Women’s Health and held law unconstitutional

42
Q

Holding in Dobbs

A

Roe and Casey must be overruled and the Constitution makes nor eference to abortion and no right is protected implicitly in the Constitution

43
Q

What standard is used in Dobbs

A

rational basis review and courts says this is a decision that each state needs to make through votes

44
Q

Dissent (Breyer) in Dobbs

A

This is taking sides against women who wish to get an abortion. These restrictions are particularly cumbersome for those who become pregnant and of low economic status.

45
Q

Standard of review in Gonzales

A

rational basis review

46
Q

standard of review in Hellerstedt

A

Undue burden and proportionality requirement

47
Q

standard of review in Dobbs

A

rational basis review

48
Q

What is the right in Griswold to

A

Privacy specifically marital

49
Q

What is the right in Eisentadt to

A

Privacy - bear or beget a child

50
Q

What is the right in Carey to

A

Privacy about child bearing

51
Q

What is the right in Roe to

A

trimester framework

52
Q

What is the right in Casey to

A

state can ban abortion unless its for the health and safety as well as the life of the mother after viability

53
Q

What is the right in Gonzales v. Carhart to

A

abortion before viability

54
Q

What is the right in Hellerstedt to

A

right to abortion before viability without the state putting a substantial obstacle in your way

55
Q

What is the right to Dobbs to

A

There is no right to any form of abortion under the Due process Clause

56
Q

state interests in Gonzales v. Carhart

A
  1. women might regret decision
  2. dispute about necessity then they err on the side of fetal life
  3. want to protect against the coarsening of humanity
  4. concerned about the dignity of human life
  5. protecting integrity of the medical professions
57
Q

state interest in Dobbs

A
  1. potential fetal life
  2. protection of maternal health and safety
  3. dignity of life in general (eliminates gruesome procedures)
  4. discrimination and want to prevent against discrimination
  5. integrity of medical professionals

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