Right to privacy/substantive due process con law

Lochner v. New York

(1905) This supreme court case debated whether or not New York state violated the liberty of the fourteenth amendment which allowed Lochner to regulate his business when he made a contract. The specific contract Lochner made violated the New York statute which stated that bakers could not work more than 60 hours per week, and more than 10 hours per day. Ultimately, it was ruled that the New York State law was invalid, and interfered with the freedom of contract.

Griswold v. Connecticut

1965 decision that the Constitution implicitly guarantees citizens' right to privacy. contraceptives to married couples. Ruling (7-2) for Griswold

Cruzan v. Director, Missouri Department of Health

1990; competent persons can refuse medical treatment; right to die. Ruling (5-4) for department of health.

Planned Parenthood v. Casey

1992 abortion case that applied new flexible test (instead of rigid trimester framework of Roe v Wade): Does state regulation of abortion place "undue burden" on women's right to an abortion? Court used test to uphold some regulations like waiting periods and parental notification for minors. Ruling (5-4 for pph)

lochner v newyork 1905 ruling

5-4 decison for lochner

Court rationale ( Washington v. glucksberg )

Court held that the right to assisted suicide is not a fundamental liberty interest protected by the Due Process Clause since its practice has been, and continues to be, offensive to our national traditions and practices.

Bowers v. Hardwick

Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy. Ruling ( 5-4) for bowers. Relation to Lawrence v Texas

Meyer v. Nebraska (1923)

Supreme Court declared a state law prohibiting the teaching of a foreign language unconstitutional under 14th Amendment. Found that proficiency in other language was not "injurious to health or morals of child.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester. Ruling (7-2) for Roe

Washington v. Glucksberg

This 1997 Supreme Court case held that the right to privacy protected by the 14th Amendment Due Process Clause does NOT include the right to assisted suicide ("euthanasia"). Three states currently allow assisted suicide. It is a serious crime everywhere else. Ruling (9-0) for Washington

courts rationale ( Planned Parenthood)

does abortion regulation place an undue burden on a pregnant woman

courts rationale (bowers v. hardwick)

homosexual sodomy is not a fundamental right does not meet these standards- implicit in the concept of ordered liberty" (Palko v. Connecticut, 1937) or when they are "deeply rooted in the Nation's history and tradition" (Griswold v. Connecticut, 1965)

courts rationale (Griswold)

importance of marriage martial privacy is protected substantive due process

courts rationale ( lochner v NY)

majority maintained that the statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee. The Court further held that the New York law failed the rational basis test for determining whether government action is constitutional. The majority reasoned that the Bakeshop Act had no rational basis because long working hours did not dramatically undermine the health of employees, and baking is not particularly dangerous.

courts rationale (Lawrence v. Texas)

state further no legitimate state interest which can justify its intrusion into the personal & private life

Lawrence v. Texas

state law may not ban sexual relations between same-sex partners. Ruling 6-3 for Lawrence

courts rationale (Meyer v .Nebraska)

violated liberty protected by the due process clause. includes the right of a teacher to teach German to a student, and the right of parents to control the upbringing of their child as they see fit. state was being too excessive.

courts rationale ( cruzan)

while individuals enjoyed the right to refuse medical treatment under the Due Process Clause, incompetent persons were not able to exercise such rights there was absent clear and convincing evidence that cruzan desired treatment to withdrawn

courts rationale ( Roe v. wade)

women's right to abortion fell within right to privacy recognized in Griswold history of abortion is not in common law states purpose for prohibiting abortion does not reflect modern days