Transcript Slide 1
Privacy at Issue: the US
Supreme Court's Abortion
Cases
Jesseca Holcomb
PSC 499
November 28, 2007
The History of American
Government
The Declaration of Independence
The U.S. Constitution
English “common law”
The State Supreme Court vs. Federal
Supreme Court
Natural Law vs. Natural Rights
The concept of natural law was to clearly
define the powers of the new independent
nation that was equal to England.
The concept of natural rights was used to
clearly define the line between powers of
the government and the rights of citizens
Both concepts are simultaneously
expressed within the text of the
Declaration of Independence.
Philosophers’ theories
John Locke
Montesquieu
Rousseau
John Stuart Mill
Jeremy Bentham
Are some rights implied
Are some
rights
within
within
the
Billimplied
of Rights?
the Bill of Rights?
Right of Privacy
Why is it important to Americans?
It is not specifically mentioned within the
Constitution
Is it an “implied” right
Views of Privacy Based on the
Constitution
The Bill of Rights can be view as exclusive.
The Constitution can be thought of as a
“living” document which is always
changing with the passing of time.
A combination of both where there is a
recognition of privacy as a right and the
dedication to allowing state regulations to
continue.
Personal Right of Privacy cases
that were brought
before the U.S. Supreme Court
Griswold v. Connecticut (1965)
History
– Griswold and Buxton violated two
Connecticut laws
The opinion of the Court reversed the
State court’s decision was reversed on
the basis of marital right of privacy
– Guaranteed within the Ninth and the
Fourteenth Amendments and the
prenumbras of the Bill of Rights
Roe v. Wade (1973)
History
– Anonymous pregnant, single woman was
prevented from obtaining an abortion under
Texas law.
The Court recognizes that a right of
personal privacy does exist within the
“zones of privacy” under the Constitution
– Founded in the Fourteenth and the Ninth
Amendment.
Maher v. Roe (1977)
History
– A Connecticut regulation restricted federal
funding for abortions passed the “first
trimester.”
Majority opinion determined that the
Connecticut regulation was not
unconstitutional
– The ability to have an abortion is still possible,
but only through means of private funding.
Akron v. Akron Center of
Reproductive Health (1983)
History
– The City of Akron attempted to regulate
abortion clinics.
The majority opinion felt that regulations
of this sort were unnecessary and served
no legitimate purpose in supporting the
city’s interests.
– The concept of “unduly burdensome”
developed by Justice O’Connor
Thornburgh v. American College of
Obstetricians and Gynecologists (1986)
History
– A Pennsylvania statute required the doctor to
provide information concerning risks and
alternatives to abortions while providing
reports to the state and have another
physician present during the abortion
The majority of the Court felt that the
regulations in this case interfered with a
woman’s right to an abortion.
Webster v. Reproductive Health
Services (1989)
History
– The state of Missouri forbade the use of
public employees and facilities for the
performance of nontherapeutic abortions.
The majority opinion found that Missouri’s
view of abortion was not unconstitutional.
Planned Parenthood of Southeastern
Pennsylvania v. Casey (1992)
History
– Pennsylvania law required informed consent with
provisions for emergencies, parental or guardian
consent, and a collection of patient information.
The majority opinion concluded that the
Pennsylvania laws were not unconstitutional,
except for the spousal notification.
– This decision overturned the previous ruling in Akron
and Thornburgh
Stenberg v. Carhart (2000)
History
– Nebraska law banned partial birth abortions,
also known as dilation and extraction (D&X)
The majority opinion determined that the
statute violated the decision in Casey
because the language could be reasonably
interpreted to ban activities other than
D&X abortion procedures
What is the public’s opinion?
Public Opinion
Public Opinion
ATTITUDES TOWARD ROE V. WADE – BY PARTY ID
Party ID
Total
2007
Republican
Democrat
Independent
2007
2006
2007
2006
2007
2006
%
%
%
%
%
%
%
Favor
56
45
37
63
55
61
56
Oppose
40
51
61
33
43
36
37
Not sure / refused
4
5
2
5
2
3
8
Conclusion
Privacy will continue to be an issue because it is
an unwritten law.
The Supreme Court rulings have show to be
inconsistent.
They also showed to be inconsistent when it
came to the importance of determining when life
begins.
Because of the inconsistencies, it is impossible
to predict the future for the right of privacy or
the governmental leniencies for compelling
state’s interest.
Selected References
Johnson, John. 2005. Griswold v. Connecticut: Birth
Control and the Constitutional Right of Privacy.
Judges, Donald. 1993. Hard Choices, Lost Voices; How
the Abortion Conflict Has Divided America, Distorted
Constitutional Rights, and Damaged the Courts.
McWhirter, Darien, and Jon Bible. 1992. Privacy as a
Constitutional Right: Sex, Drugs, and the Right to Life.
Sullivan, Kathleen, and Gerald Gunther. 2004.
Constitutional Law (15th Ed.).
Vile, John. 1997. A Companion to the United States
Constitution and Its Amendments. (2nd Ed.).