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CONSTITUTIONAL LAW CLASS 37

CONSTITUTIONAL LAW CLASS 37. FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL PROTECTION II: REPRODUCTIVE AUTONOMY. Buck v. Bell (1927) [CB p. 847]. Majority by: Holmes Joined by: Taft, Van Devanter, McReynolds, Brandeis, Sutherland, Sanford, Stone Dissent by: Butler

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CONSTITUTIONAL LAW CLASS 37

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  1. CONSTITUTIONAL LAWCLASS 37 FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL PROTECTION II: REPRODUCTIVE AUTONOMY

  2. Buck v. Bell (1927) [CB p. 847] • Majority by: HolmesJoined by: Taft, Van Devanter, McReynolds, Brandeis, Sutherland, Sanford, StoneDissent by: Butler • On far left: Carrie Buck, near left (bottom): Dr James Bell, Superintendent of the VA State Colony for Epileptics and Feeble Minded

  3. Fernald School (The Massachusetts School for Idiotic and Feebleminded Youth) • See The State Boys Rebellion by Michael D’Antonio

  4. Skinner v. Oklahoma (1942) [C p. 849] • Majority by: DouglasJoined by: unanimous courtConcurrence by: Stone (in the judgment of the court only)Concurrence by: Jackson

  5. Griswold v. Connecticut (1965) [C p. 850] • Majority by: DouglasJoined by: Warren, Clark, Brennan, GoldbergConcurrence by: GoldbergJoined by: Warren, BrennanConcurrence by: HarlanConcurrence by: WhiteDissent by: BlackJoined by: StewartDissent by: StewartJoined by: Black

  6. Concurrence of Justice Goldberg

  7. Concurrence of Justice Harlan

  8. Eisenstadt v. Baird (1972) [C p. 856] • 6-1 • Opinion of the Court by: BrennanJoined by: Douglas, Stewart, MarshallConcurrence by: WhiteJoined by: BlackmunDissent by: BurgerPowell and Rehnquist took no part in the consideration or decision of the case (neither was sworn in in time)

  9. Roe v. Wade (1973) [C p. 859] • The real “Jane Roe” was Norma McCorvey • Wrote autobiographies “I am Roe” (1994), “Won by Love” (1997) • Now a Catholic and supporter of the pro-life movement

  10. Roe’s Lawyers • Linda Coffee and Sarah Weddington (pictured, left) • 26 years old when she first argued the case (her first!) before the Supreme Court • Case was argued twice before the Court (unusual) 12/13/1971 and 10/11/1972

  11. Majority Opinion in Roe v. Wade • Written by Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, Powell • 2 dissenters (Justices Rehnquist and White (in Doe v. Bolton) • Concurrences by Justice Stewart, Douglas (in Doe v. Bolton) also Burger

  12. WEBSTER v. REPRODUCTIVE HEALTH SERVICES (1989) [C p. 865] • 5-4 • Plurality by Reh quist, White and Kennedy • Concurrence by Scalia • Concurrence by O’Connor • Dissenters: Blackmun, Brennan, Marshall, Stevens

  13. Planned Parenthood of Southeastern PA v. Casey (1992)[C p. 867] • Plurality by: O'Connor, Kennedy, Souter (jointly)Concurrence/dissent by: StevensConcurrence/dissent by: BlackmunConcurrence/dissent by: RehnquistJoined by: White, Scalia, ThomasConcurrence/dissent by: ScaliaJoined by: Rehnquist, White, Thomas

  14. Class on Tuesday • 11-12 • Preemption • Assignment: Reading for Class 23

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