Reproductive Autonomy (pp. 834–844, 859–871)
On Sterilization/Right to Procreate
The Old Rule: the government could infringe upon citizens' abilities to procreate.
- This was held in Buck v. Bell, where the Court held that a person's right to procreate can be sacrificed for the public good.
- "Three generations of imbeciles is enough."
- Heavy in the eugenics era.
The Modern Rule: procreation is a fundamental right.
- See Skinner v. Oklahoma ex rel. Williamson.
On Contraception
General Rule: The government cannot prohibit or regulate contraceptive use by married couples, as that creates an invasion of privacy. From Griswold v. Connecticut.
- Used a "penumbra" analysis. This "penumbra" analysis has been largely abandoned by the Supreme Court in practice.
Furtherance: State governments cannot outlaw contraception use for single people but allow it for married couples. - See Eisenstadt v. Baird.
Standard of Review: Any challenge to a state action upon contraception is reviewed under strict scrutiny. See Carey v. Population Services International.
On Abortion
Old Rule: Roe v. Wade held in 1973 that abortion is a fundamental right under the 14th Amendment's Substantive Due Process protection of the broad "right to privacy."
- The Court overruled Roe in 2022 with Dobbs v. Jackson Women's Health Organization.
Development: The Court abandoned strict scrutiny review of state actions restricting abortion access in 1992 with Planned Parenthood v. Casey.
New Rule: abortion is not a fundamental right. - Dobbs v. Jackson Women's Health Organization.
Cases Here: