CONSTITUTIONAL LAWCLASS 37

FUNDAMENTAL RIGHTS UNDER DUE PROCESS AND EQUAL

PROTECTION II: REPRODUCTIVE AUTONOMY

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

Fernald School (The Massachusetts School for Idiotic

and Feebleminded Youth)• See The State Boys

Rebellion by Michael D’Antonio

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

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

Concurrence of Justice Goldberg

Concurrence of Justice Harlan

Eisenstadt v. Baird (1972) [C p. 856]

• 6-1• Opinion of the Court by: Brennan

Joined 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)

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

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

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

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

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

Class on Tuesday

• 11-12

• Preemption

• Assignment: Reading for Class 23