POL104M Midterm Study Guide PDF

1. New York v. Sanger (1918) ○ Facts: Margaret Sanger, a prominent birth control activist, was arrested for distributing contraception information in violation of New York state law. ○ Issue: Whether New York's anti-contraception law violated personal liberty by restr...

1. New York v. Sanger (1918) ○ Facts: Margaret Sanger, a prominent birth control activist, was arrested for distributing contraception information in violation of New York state law. ○ Issue: Whether New York's anti-contraception law violated personal liberty by restricting access to contraceptive information. ○ Holding: The court upheld New York’s law, ruling that the state had the right to regulate moral conduct, including contraception access, at the time. ○ Takeaway: Early restrictions on contraception and privacy; the state could regulate morality, setting a precedent for later cases on personal autonomy. 2. Poe v. Ullman (1961) ○ Facts: This case involved a Connecticut law that prohibited medical advice or prescriptions for contraceptives. ○ Issue: Did the law infringe on marital privacy and liberty rights? ○ Holding: The Supreme Court dismissed the case for lack of “justiciable controversy,” as the law had rarely been enforced. ○ Takeaway: Introduces early discussions on privacy; would later be revisited in Griswold v. Connecticut. 3. Griswold v. Connecticut (1965) ○ Facts: Estelle Griswold, director of Planned Parenthood, was fined for advising married couples on contraception, violating Connecticut’s law against such counseling. ○ Issue: Does the Constitution protect marital privacy, specifically regarding contraception? ○ Holding: The Supreme Court ruled that the law violated a “right to privacy” implied by the Constitution, particularly within the marriage relationship. ○ Takeaway: Recognized privacy rights in marital contexts; foundational for later cases on privacy and autonomy. 4. Eisenstadt v. Baird (1972) ○ Facts: William Baird was convicted for giving contraceptive foam to a woman at a college lecture, violating Massachusetts law limiting contraceptive distribution to married couples. ○ Issue: Does the right to privacy extend to individuals outside marriage? ○ Holding: Yes, the Court ruled that privacy rights regarding contraception apply to individuals, not just married couples. ○ Takeaway: Expanded privacy rights from Griswold, affirming personal autonomy outside of marital status. 5. Roe v. Wade (1973) ○ Facts: "Jane Roe" challenged Texas law banning most abortions, arguing it infringed on personal liberty. ○ Issue: Is there a constitutional right to terminate a pregnancy? ○ Holding: The Supreme Court ruled that the right to privacy, grounded in the Due Process Clause of the 14th Amendment, protected a woman’s right to choose an abortion, establishing the trimester framework.  ○ Takeaway: Established abortion as a constitutional right; significant for privacy and personal autonomy. Week Three (October 14) Court Cases 1. Planned Parenthood v. Casey (1992) ○ Facts: Pennsylvania introduced several requirements for women seeking abortions, including spousal notification and a 24-hour waiting period. ○ Issue: Do these requirements place an undue burden on a woman’s right to an abortion? ○ Holding: The Court upheld the essential right to abortion but allowed some restrictions, introducing the “undue burden” standard. Spousal notification was deemed unconstitutional, but other provisions were allowed. ○ Takeaway: Modified Roe, emphasizing that regulations should not place a “substantial obstacle” in the path of women seeking abortions. 2. State (GA) v. McKnight (2003) ○ Facts: A woman was convicted of child neglect after a stillbirth linked to her cocaine use. She served eight years in prison. ○ Issue: Can the state criminalize drug use during pregnancy by linking it to harm to a fetus? ○ Holding: Controversial as it highlighted the state’s power to enforce conduct, especially in relation to pregnancy and maternal behavior. ○ Takeaway: Set discussions on state intrusion into personal conduct and maternal rights, highlighting inequality in enforcement based on race and socioeconomic status. 3. Boutilier v. INS (1967) ○ Facts: Clive Boutilier, a Canadian immigrant, was denied residency in the U.S. after disclosing his bisexuality, deemed as a “psychopathic personality” by law. ○ Issue: Did the Immigration and Naturalization Service (INS) have the right to deny residency based on sexual orientation? ○ Holding: Yes; Court upheld the decision, classifying homosexual conduct as “psychopathic,” thus barring entry. ○ Takeaway: Demonstrates how morality and social stigma shaped legal outcomes; later cases would dismantle this precedent. 4. Bowers v. Hardwick (1986) ○ Facts: Hardwick was charged under Georgia’s sodomy law after engaging in consensual sexual activity with another man in his home. ○ Issue: Is there a constitutional right to engage in consensual sodomy? ○ Holding: No; the Court ruled that sodomy was not protected under privacy rights, thus criminalizing same-sex relations. ○ Takeaway: Reinforced limitations on privacy, later overturned by Lawrence v. Texas. Week Four (October 21) Court Cases 1. Washington v. Glucksberg (1997) ○ Facts: Dr. Glucksberg challenged Washington’s ban on assisted suicide, arguing it violated due process. ○ Issue: Is assisted suicide a constitutionally protected right? ○ Holding: No, the Court held that it was not “deeply rooted in the nation’s history and traditions,” therefore not protected under due process. ○ Takeaway: Defined limitations on autonomy rights, establishing life-preservation as a state interest. 2. Lawrence v. Texas (2003) ○ Facts: Police discovered Lawrence in a consensual sexual act with another man, violating Texas’s sodomy law. ○ Issue: Does criminalizing consensual sexual conduct between same-sex partners violate the right to liberty under the Due Process Clause? ○ Holding: Yes, the Court overruled Bowers, stating that such laws violated privacy and liberty. ○ Takeaway: Major step in LGBTQ+ rights, affirming privacy in consensual adult relationships. 3. Gonzales v. Carhart (2007) ○ Facts: The Partial-Birth Abortion Ban Act prohibited certain late-term abortion procedures. ○ Issue: Does the ban impose an undue burden? ○ Holding: No, the Court upheld the Act, highlighting state interests in potential life and medical ethics. ○ Takeaway: Demonstrates increasing state influence in abortion regulation; Ginsburg dissented, arguing for individual autonomy. 4. Dobbs v. Jackson Women’s Health (2022) ○ Facts: Mississippi’s law banning abortion after 15 weeks was challenged as unconstitutional. ○ Issue: Is there a constitutional right to abortion? ○ Holding: The Court overturned Roe and Casey, stating abortion is not deeply rooted in U.S. history. ○ Takeaway: Rolled back federal abortion protections, shifting regulatory power to states. Study Guide by Topics Key Legal Terms and Tests 1. IRAC Method: Understand how to break down each case:  ○ Issue: What legal question is being addressed? ○ Rule: The existing laws or precedents that apply. ○ Analysis: Court’s reasoning on the facts. ○ Conclusion: Final decision or holding. 2. Right to Privacy: ○ Evolves from Griswold through Roe, Casey, and beyond. ○ Not explicitly in the Constitution; derived from the “penumbras” of several amendments. ○ Privacy is frequently balanced against state interests. 3. Undue Burden Test: ○ Originated in Casey to determine if a law obstructs abortion rights unreasonably. ○ Any regulation that “substantially interferes” is struck down. 4. Deeply Rooted Test: ○ Used to assess if a right is “essential to ordered liberty” (e.g., Glucksberg). Social Construct Influence on Law Kinsey Study on Sexuality: Revealed diversity in sexual behavior, challenging norms and influencing legal shifts. Morality Laws: Reflect society’s values (e.g., sodomy laws) but are scrutinized for fairness and equality. State vs. Individual Rights: Examines the tension between individual autonomy and state interests (privacy vs. moral regulation). Law’s Role in Shaping Morality: How moral interpretations of conduct influence what’s deemed lawful. Fundamental Rights and Legal Precedents: Impact of “deeply rooted” traditions on defining fundamental rights (e.g., sodomy, abortion). Evolving Interpretations of Liberty and Privacy: From Kinsey to recent rulings, the understanding of privacy has shifted to encompass a broader sense of autonomy. Expanded Study Guide Topics 1. 19th Amendment (1920)  Definition: Constitutional amendment granting women the right to vote. Significance: Marked a major advancement in gender equality and expanded the democratic process by recognizing women’s political rights. 2. Civil Rights Act of 1964 Title VII (Title 7): Prohibits employment discrimination based on race, color, religion, sex, and national origin. Title IX: Prohibits sex discrimination in federally funded education programs. 1984 Equal Access Act: Ensures that public secondary schools provide equal access to extracurricular clubs, often used to support LGBTQ+ and religious groups. 3. What is Law and Why Does It Exist? Definition: A system of rules created and enforced through social or governmental institutions. Purpose: Maintains order, resolves disputes, protects liberties, and regulates behavior in society. 4. Types of Laws Statutes: Laws enacted by legislatures at the federal or state level. Ordinances: Local laws or regulations passed by municipal governments (e.g., cities, counties). Executive Orders: Directives issued by the President or governors to manage operations within the federal or state government. 5. Law and Social Norms Definition: Social norms are unwritten rules guiding acceptable behavior, often influencing law creation. Relationship to Law: Laws may reflect societal values, but they also shape and reinforce norms over time. 6. Constitutional Amendments and Rights Fundamental Rights: Rights deemed essential for liberty and justice, often protected against government infringement. First Amendment: Protects freedoms of speech, religion, press, assembly, and petition. 14th Amendment: Ensures citizenship rights and equal protection under the law; includes the Equal Protection Clause and the Due Process Clause. 7. Equal Protection Clause Definition: Part of the 14th Amendment, it mandates that individuals in similar situations be treated equally by the law. Purpose: Provides a foundation for civil rights and anti-discrimination legislation, especially in cases involving race, gender, and other protected classes. 8. Due Process Substantive Due Process: Protects fundamental rights from government interference unless there’s a compelling reason. Procedural Due Process: Ensures fair procedures (e.g., notice, a fair hearing) before depriving someone of life, liberty, or property. Due Process Clause: Found in the 5th and 14th Amendments, it guarantees fair legal processes. 9. Right to Privacy Definition: Implied in the Constitution through various amendments, it protects personal autonomy, especially in family, marriage, and reproductive rights. Development: Established in cases like Griswold v. Connecticut and expanded in Roe v. Wade. 10. Discriminatory Laws and Scrutiny Levels Discriminatory Laws: Laws that treat groups of people differently based on race, gender, or other characteristics. Scrutiny Levels: ○ Strict Scrutiny: Highest standard, applied to laws affecting “suspect classes” (e.g., race, national origin). ○ Intermediate Scrutiny: Applied to gender-based discrimination, requiring that the law serves an important government objective. ○ Rational Basis Test (Minimal Scrutiny): Lowest level; the law must be rationally related to a legitimate government interest. 11. Court Opinions Concurring Opinion: A separate opinion written by a judge who agrees with the majority’s conclusion but has different reasoning. Dissenting Opinion: Written by a judge who disagrees with the majority, providing an alternate perspective and reasoning. 12. Burden of Proof  Definition: The obligation to prove one’s assertion, typically resting on the party bringing the case. Types: In civil cases, it’s usually “preponderance of the evidence,” while in criminal cases, it’s “beyond a reasonable doubt.” 13. Suspect Class Definition: Groups identified for special consideration under Equal Protection due to past discrimination, including race and national origin. Protection: Laws affecting suspect classes face strict scrutiny. 14. Concepts of Equality and Discrimination Formal Equality: Treating individuals the same regardless of differences; assumes equal opportunity without accommodation. Substantive Equality: Acknowledges differences and aims to achieve fair outcomes by addressing underlying inequalities (e.g., affirmative action). Types of Discrimination: ○ Direct Discrimination: Overtly treating someone less favorably. ○ Indirect Discrimination: Policies that apply generally but disadvantage specific groups. ○ Systemic Discrimination: Entrenched practices in institutions that lead to inequality. 15. Affirmative Action Definition: Policies aimed at increasing opportunities for historically marginalized groups, often in education and employment. Purpose: Seeks to create substantive equality by remedying past discrimination. 16. Progression of Title VII (Civil Rights Act) Development: Originally banned discrimination based on race, color, religion, sex, and national origin in employment. Over time, case law and amendments expanded protections to include sexual orientation and gender identity. Significance: Reflects evolving interpretations of discrimination and equality under federal law. 17. Social Norms in Gender, Sexuality, and the Law Connection: Social norms heavily influence gender roles and expectations, impacting legal approaches to gender and sexuality.  Examples: Shifts in societal views on LGBTQ+ rights influenced landmark decisions like Lawrence v. Texas and Obergefell v. Hodges. 18. Formal Equality vs. Substantive Equality in Policy Theory: Formal equality aims for identical treatment, while substantive equality seeks equitable outcomes. Policy Example: Gender quotas in politics or business promote substantive equality by increasing representation. 19. Supreme Court as a Policy Maker Role: Through rulings, the Court can set legal precedents that influence social and political policy (e.g., Roe v. Wade, Obergefell v. Hodges). Impact on Gender and Sexuality Law: Decisions often redefine legal protections, impacting legislation on issues like marriage, contraception, and anti-discrimination. 20. Public Sphere and Gender/Sexuality Legislation Definition: The public sphere involves institutions and platforms where citizens engage in public life and discourse. Importance: Laws governing gender and sexuality in the public sphere (e.g., marriage equality, workplace discrimination) shape societal norms and individual rights.