Deck 14: Privacy

Question 1

Chief Justice/Justice _____ articulated the "trimester approach" for legal abortions.

A) Warren Burger
B) Earl Warren
C) Harry Blackmun
D) William Brennan

Answer 1

C

Question 2

In Bowers v. Hardwick (1986), the Supreme Court _____.

A) struck down a state law that making it a crime to engage in homosexual sodomy
B) upheld a state law as applied to homosexual sodomy
C) upheld a state law as applied to heterosexual sodomy
D) struck down a state law prohibiting single-sex marriages

Answer 2

B

Question 3

In Cruzan v. Missouri Health Department (1989), the Supreme Court held that a state must demand the clear and convincing evidence standard as a means of guarding against potential abuses of the "substituted judgment" doctrine. _____

Answer 3

False

Question 4

Lawrence v. Texas involved ____.

A) a woman who wanted an abortion
B) a woman arrested for consensual sex with another woman
C) a man and a woman arrested for indecent exposure
D) a man arrested for having consensual sex with another man.

Question 5

Washington v. Glucksberg involved ____.

A) consensual sodomy
B) assisted suicide
C) an abortion law
D) symbolic speech

Question 6

Gonzales v. Carhart involved _____.

A) flag protection
B) assisted suicide
C) late term abortions
D) none of the above

Question 7

Chief Justice/Justice______ wrote the Court's opinion in Gonzales v. Carhart

A) Roberts
B) Alito
C) Rehnquist
D) Kennedy

Question 8

Gonzales v. Carhart involved a statute similar to one the Court had struck down in 2000 in ____.

A) Roe v. Wade
B) Washington v. Glucksberg
C) Stenberg v. Carhart
D) Lawrence v. Texas

Question 9

What term or phrase from astronomy did Justice Douglas place at the center of his opinion in Griswold v. Connecticut? _____

A) eclipse
B) planetary
C) penumbra
D) orbit

Question 10

Obergefell v. Hodges (2015) involved _____.

A) birth control
B) late term abortions
C) same sex marriage
D) physician-assisted suicide

Question 11

Dissenting justices in Obergefell v. Hodges (2015) included ______.

A) Sotomayor and Alito
B) Breyer and Scalia
C) Ginsburg and Kennedy
D) Roberts and Thomas

Question 12

In Whole Woman's Health v. Hellerstedt (2016), the challenged legislation regulated picketing near abortion providers.______

Question 13

In Whole Woman's Health v. Hellerstedt (2016), the majority included ____.

A) Alito and Breyer
B) Sotomayor and Thomas
C) Kennedy and Kagan
D) Ginsburg and Roberts

Question 14

June Medical Services v. Russo (2020) involved a law of the state of

A) Tennessee
B) Louisiana
C) Pennsylvania
D) Texas

Question 15

What issue did the Supreme Court confront in Washington v. Glucksberg (1997)? What did the Court decide? Explain.

Question 16

Why would the attorneys who participated in Washington v. Glucksberg have placed heavy reliance in their briefs on Planned Parenthood v. Casey (1992)? Explain.

Question 17

In light of the joint opinion in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), what is particularly remarkable about the majority's holding in Gonzales v. Carhart (2007)? Explain.

Question 18

In his opinion for the Court in Gonzales v. Carhart (2007), Justice Kennedy insists that the Court remains faithful to Planned Parenthood of Southeastern Pennsylvania v. Casey, even as Justice Ginsburg in her Carhart dissent insists that the Carhart majority refuses to take Casey "seriously." Who is correct? Why? Recall that Kennedy coauthored the joint opinion in Casey.

Question 19

You are a member of the Supreme Court when Lawrence v. Texas is argued and decided. At conference, the majority decides to rule in favor of Lawrence, as of course occurred. However, the majority decides to rest its decision for Lawrence on the Equal Protection Clause, instead of on the Due Process Clause of the Fourteenth Amendment, as actually happened. You are assigned the task of writing the opinion of the Court. That means that you must draft an opinion holding as the Court held in Lawrence, but one that rests the holding on the Equal Protection Clause, instead of the Due Process Clause. In this context, write a concise draft of what you will circulate to the members of the Court, using the Equal Protection Clause.

Question 20

Assume that the Court based its decision in Lawrence on the equal protection clause. In light of Cleburne v. Cleburne Living Center (1985) and Romer v. Evans (1996) what level of scrutiny might the Court have employed? Why? Explain.

Question 21

After Planned Parenthood of Southeastern Pennsylvania v. Casey, do laws regulating and/or forbidding abortions implicate a "fundamental right" in American constitutional law? Explain. When Justice Blackmun retired from the Supreme Court a few years later, what was left of his handiwork in Roe v. Wade? Explain.

Question 22

On the basis of Justice Kennedy's vote in Casey, how do you account for his position in Carhart? Explain.

Question 23

In Lawrence v. Texas, what is Justice Kennedy's assessment of Justice White's opinion in Bowers v. Hardwick? Explain.

Question 24

In Griswold, on what did Justice Goldberg prefer to ground the constitutional right of privacy? Explain.

Question 25

In Griswold v. Connecticut, what point did Justice Stewart make in his dissent?

Question 26

Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California? Katz v. United States? Discuss.

Question 27

In Griswold v. Connecticut, how would Justice Harlan have grounded the constitutional right to privacy? Explain.

Question 28

In Whole Woman's Health v. Hellerstedt (2016), what two regulations had the Texas legislature imposed on abortion providers? Explain.

Question 29

Besides being pleased with the outcome in Whole Woman's Health v. Hellerstedt (2016), why were defenders of abortion rights especially pleased with Justice Breyer's analysis of the state regulations under review in that case?

Question 30

Chief Justice Roberts was among the three dissenters in Whole Women's Health, yet when a Louisiana law nearly identical to the Texas law came before the Court in June Medical Services v. Russo (2020), he was in the majority that found it unconstitutional. Had Roberts changed his mind about the earlier case, or did he have other reasons for his position in the more recent case?