Bellwork Read answer the questions to Roe V
Bellwork • Read answer the questions to Roe V Wade, in complete sentences, in your notes.
Privacy Keep in mind that privacy is implied more than explicitly stated in the Bill of Rights or 14 th Amendment.
Privacy Olmstead v. United States, 1928 wire tapping without a warrant okay if bugs planted outside of home.
Privacy Katz v. United States, 1967—Supreme Court overturned Olmstead precedent. Said that 4 th Amendment protects people not places; based decision on standard that whenever a person had a reasonable expectation of privacy, a warrant would be needed.
Privacy California v. Ciraolo, 1986—air surveillance found pot plants. Court said this was okay. “Plain view from public vantage point. ” Altitude is key. Low flying or hovering is not okay and an invasion of privacy.
Privacy California v. Greenwood, 1988— Court ruled that we don’t have the same expectation of privacy for our curbside garbage.
Privacy Contraception: Griswold v. CT, 1965 (foundation for Roe V. Wade). Court found that various portions of the Bill of rights cast penumbras - unstated liberties implied by the explicitly stated rights that protect a right to privacy.
Landmark case because… • The Court struck down the Connecticut law ( passed in 1879 but never enforced)that prohibited married couples from being counseled to use or using birth control. In so doing, the Court affirmed that the First Amendment (and 9 th and 14 th) to the U. S. Constitution guarantees a right to privacy, even though it does not explicitly say so.
Privacy Abortion: Roe v. Wade, 1973 The Court ruled that a woman's choice to have an abortion was protected as a private decision between her and her doctor.
Privacy Contraception: Griswold v. CT, 1965 Handout
Issue • What is the court asked to decide? • State here what the Supreme Court was asked to decide… Not the lower courts.
Issue Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?
Facts • What happened? • Describe the facts of the case.
Facts Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control.
Facts Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counseling, and other medical treatment, to married persons for purposes of preventing conception.
Decision • What did the court decide? • The decision must always answer the question asked in the issue.
Reasoning • What were the justifications used by the court to reach its decision?
- Slides: 17