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Overview of Fundamental Rights Under Due Process: The Evolution of Abortion Jurisprudence

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This text examines key Supreme Court cases that shaped the landscape of abortion rights in the United States, focusing on the majority opinions and dissenting views in landmark decisions such as Roe v. Wade, Webster v. Reproductive Health Services, and Planned Parenthood of Southeastern Pennsylvania v. Casey. Highlighting judicial philosophies, the document analyzes the roles of pivotal justices like Blackmun, O’Connor, and Kennedy, along with key concurrences and dissents that reflect the evolving understanding of due process and equal protection in the context of reproductive choices.

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Overview of Fundamental Rights Under Due Process: The Evolution of Abortion Jurisprudence

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  1. CONSTITUTIONAL LAWCLASS 38 FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL PROTECTION III: ABORTION

  2. 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

  3. 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

  4. 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

  5. Ayotte v. Planned Parenthood of Northern New England (2006) [Supp. p. 149] • Unanimous • Opinion of the Court by O’Connor

  6. Maher v. Roe (1977) [C p. 891] • Majority opinion by Powell, joined by Burger, Stewart, White, Rehnquist, Stevens • Concurrence by Burger • Dissent by Brennan, joined by Marshall and Blackmun • Dissent by Marshall • Dissent by Blackmun, joined by Brennan and Marshall

  7. Harris v. McRae (1980) [C p. 893] • Majority by: StewartJoined by: Burger, White, Powell, RehnquistConcurrence by: WhiteDissent by: BrennanJoined by: Marshall, BlackmunDissent by: MarshallDissent by: BlackmunDissent by: Stevens

  8. Stenberg v. Carhart (2000) [C p. 879] • Majority by: BreyerJoined by: Stevens, O'Connor, Souter, GinsburgConcurrence by: StevensJoined by: GinsburgConcurrence by: O'ConnorConcurrence by: GinsburgJoined by: StevensDissent by: KennedyJoined by: RehnquistDissent by: ScaliaDissent by: ThomasJoined by: Rehnquist, Scalia

  9. Gonzalez v. Carhart (2007) [Supp. 133] • Majority by: KennedyJoined by: Roberts, Scalia, Thomas, AlitoConcurrence by: ThomasJoined by: ScaliaDissent by: GinsburgJoined by: Stevens, Souter, Breyer

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