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.).