Abortion Flashcards
Explain Griswold v. CT
state statute prohibited any person including married couples from using contraception.
What review was used in Griswold
kinda strict scrutiny - effect is strict scrutiny
holding in Griswold
fundamental right to spatial privacy for married couples to engage in intimate relations within the marital bedroom. This is a protected zone of privacy.
what is spatial privacy
specific to a specific relationship and unfolds in a very specific place
What does Black Dissent say in Griswold
no right to privacy in Constitution so government has a right to invade and court shouldn’t protect any unenumerated rights
Explain Eisenstadt v. Baird
state statute prohibiting distribution of any drug/device to unmarried persons for the prevention of contraception
what review was applied in eisenstadt
rational basis review
holding in Eisenstadt
struck down under equal protection clause: fundamental right. This discriminated against married and unmarried people
what did eisenstadt claim Griswold gave?
Gave decisional right to bear and beget a child
Explain Carey v. Population Services
Ny law prohibiting anyone besides licensed pharmacist from distributing contraceptives
Holding in Carey
STRUCK DOWN. Right to privacy for individual decisions in matter of childbearing from unjustified instrusions of the state.
Explain Roe v. Wade
state statute makes abortion a crime except by medical advice for the purpose of saving the life of the mother
what is the nature of the claimed right
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
what is the state interest in Roe
protecting fetal life and also wanting to protect the pregnant women’s health and safety
Holding in Roe
Blackmun uses strict scrutiny and says the fundamental right to personal privacy in constitution encompasses woman’s right to terminate pregnancy.
What is the trimester framework established in Roe
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
What did the dissent in Roe say
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.
Explain Planned Parethood v. Casey
PA Abortion Control Act requires informed consent for husbands and minors, 24 hour waiting and spousal notification
Holding in Casey
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.
What did Casey change the Roe trimester framework to
pre viability/ pos viability
pre viability
women are free to get exceptinos but state can spew propaganda
post viability
state can ban with a health exception
standard of review in Griswold
strict scrutiny because they determined a fundamental right
Was there a fundamental right in Griswold
YES - right of privacy
Standard of review in Eisenstadt
Equal Protection
Is there a fundamental right in Eisenstadt
Yes
What is the standard of review in Roe
Strict Scrutiny - need to have a compelling interest and the means that you choose have to be narrowly tailored
Standard of review in Casey
Undue Burden standard
Explain Stenberg v. Carhart
1997 nebraska law that banned abortion procedure that was referred to as partial birth abortion
what were the three reasons that Doctor Carhart thought the ban was unconstitutional
- It was vague: partial birth abortion is not a medical term and the law is not precise on which abortion acts the law prohibited
- It violated undue burden standard
- it lacked health exception for the pregnant person
Holding in Stenberg. v. Carhart
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.
Explain Gonzalez v. Carhart
Partial Birth Abortion Ban Act of 2003 - federal statute regulation abortion procedures of D&E during 2nd trimester.
What standard was used in Gonzalez
Rational Basis review - reasonable state interest in promoting respect for human life at all stages of pregnancy
Holding of Gonzalez v. Carhart
UPHELD statute despite having no health exception. There is no necessity for any pregnant person to access this type of abortion.
Dissent (Ginsburg) in Gonzalez
Upholding the act violated the precedent set in Casey and the statute must include provision protecting pregnant person’s health
Explain Whole Women’s Health v. hellerstedt
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.
Holding in Whole Women’s Health v. Hellerstedt
STRUCK DOWN: not reasonably related and there is too much of a burden.
What test do we use in WHole WOmen’s Helath v. Hellerstedt
Changes undue burden to balancing test = the proportionality test
Thomas Dissent in Whole Women’s health v. Hellerstedt
Court’s abortion jurisprudence had been expanded significantly with a reinterpretation of the undue burden standard
Alito dissent in Whole Women’s Health v. Hellerstedt
Petitioners had made little eforrt to show why particular clinics closed suggesting it wasn’t clear this was a consequence of the provision
Holding in June Medical Services v. Russo
Reaffirmed Whole Women’s Health and held law unconstitutional
Holding in Dobbs
Roe and Casey must be overruled and the Constitution makes nor eference to abortion and no right is protected implicitly in the Constitution
What standard is used in Dobbs
rational basis review and courts says this is a decision that each state needs to make through votes
Dissent (Breyer) in Dobbs
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.
Standard of review in Gonzales
rational basis review
standard of review in Hellerstedt
Undue burden and proportionality requirement
standard of review in Dobbs
rational basis review
What is the right in Griswold to
Privacy specifically marital
What is the right in Eisentadt to
Privacy - bear or beget a child
What is the right in Carey to
Privacy about child bearing
What is the right in Roe to
trimester framework
What is the right in Casey to
state can ban abortion unless its for the health and safety as well as the life of the mother after viability
What is the right in Gonzales v. Carhart to
abortion before viability
What is the right in Hellerstedt to
right to abortion before viability without the state putting a substantial obstacle in your way
What is the right to Dobbs to
There is no right to any form of abortion under the Due process Clause
state interests in Gonzales v. Carhart
- women might regret decision
- dispute about necessity then they err on the side of fetal life
- want to protect against the coarsening of humanity
- concerned about the dignity of human life
- protecting integrity of the medical professions
state interest in Dobbs
- potential fetal life
- protection of maternal health and safety
- dignity of life in general (eliminates gruesome procedures)
- discrimination and want to prevent against discrimination
- integrity of medical professionals
