Explain the role of the state in abortion matters under the court’s ruling quizlet

(A) The Connecticut state law
-- prohibiting the use of any drug, medical device or other instrument in preventing conception (applies to married couples) - is unconstitutional because it violates privacy rights. The statute violates the privacy of couples which is a marital right. Although, the constitution does not explicitly say there is a right to privacy, privacy can be inferred from amendments 1,3, and 4, therefore, making the right to privacy a penumbra law.

14th Amendment- Due Process Clause: (equal protection)
-- 1.) Fundamental personal rights + liberties
-- 2.) Acts as safeguard from arbitrary denial of life, liberty or property by the govt outside the sanction of the law
-- 3.) Protects the right to privacy (as married couples)

(B) Justice Goldberg agree with the decision but for different reasons.
-- He states that the 14th amendment due process does not incorporate all first 8 amendments.
-- Goldberg agrees that the concept of liberty is to protect personal rights that are fundamental and not limited to the specific terms bill of rights.
-- Goldberg, Warren, and Brennan decided that the 9th amendment of the constitution reveals that the framers believed there are additional fundamental rights that are protected.

9th Amendment: rights retained by the people that are not specifically enumerated in the constitution
-- ie . Protected sex is protected from government interference

(C) Justice Rehnquist dissent:
-- stating that the 14th amendment was not intended to withdraw power from the states to legislate on matters related to abortion.
-- "Right to privacy is not in this case" - Roe v. Wade
-- Transaction resulting in operation is not private

Dividing pregnancy into 3 terms + outlined permissible restrictions the state may impose

***

(A) Decision:
-- Right to privacy can be inferred from several amendments in the Bill of Rights → prevents states from making the use of contraceptives by married couples illegal
-- 7-2 decision , authored by Justice Douglas

-- Court ruled that the Constitution did in fact protect the right of marital privacy against state restrictions on contraception, though, not explicitly
---> Multiple amendments in the Bill of Rights create penumbras, or zones, that establish a right to privacy
----- 1st, 3rd, 4th, 9th Amendments

Association rights
-- Court recognizes marital and sexual relations without government interference is an important part of the Constitution without being explicitly identified

(B) Justice Douglass:
-- Said the law was unconstitutional (rights to privacy)

"Super-legislature" - determine whether or not something is constitutional, but don't have the right to interfere with specific laws and their merit

- He means that the supreme court does not review the legislation of all aspects of life
- They are only concerned with legislation that disrupts basic and fundamental rights, privileges and principles in the constitution

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