Case name, Court, and year:
Griswold v. State of Connecticut, Supreme Court of the United States, 1965.
Issue(s):
Does the Constitution establish and protect the right of marital privacy? Do Connecticut’s statutes barring the use of, or the counseling of someone on the use of, contraceptives (ss 53-32 and 54-196 of the General Statutes of Connecticut) violate such a right?
Holding:
Yes (7/2); Yes (7/2)
Facts: Substantive:
Estelle Griswold is the Executive Director of the Planned Parenthood League of Connecticut; C. Lee Buxton is a licensed physician and current professor at Yale Medical School. He served as the Medical Director at the League’s location in New Haven during the time of the incident. Griswold and Buxton counseled a married couple on various ways to prevent conception. They performed an examination on the wife and prescribed the best method of contraception for her. Griswold and Buxton usually charged fees for their services, though some couples received free assistance. The League officials were arrested in November 1961 for violating Connecticut’s ban on contraceptives. Procedural:
-Trial Court: Griswold and Buxton were convicted.
-Connecticut Appellate Court: Conviction upheld.
-Connecticut Supreme Court: Conviction upheld.
-Supreme Court of the United States: Conviction overturned.
Rule and Reasoning: Ss 53-32 of the General Statutes of Connecticut (1958 rev.) threatens to fine or imprison any individual that uses contraceptives as way to
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
Today, the availability of birth control is taken for granted. There was a time, not long passed, during which the subject was illegal (“Margaret Sanger,” 2013, p.1). That did not stop the resilient leader of the birth control movement. Margaret Sanger was a nurse and women’s activist. While working as a nurse, Sanger treated many women who had suffered from unsafe abortions or tried to self-induce abortion (p.1). Seeing this devastation and noting that it was mainly low income women suffering from these problems, she was inspired to dedicate her life to educating women on family planning—even though the discussion of which was highly illegal at the time (p.1). She was often in trouble with
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In 1879, Connecticut passed a law that prohibited the use and education of contraceptives to both married and unmarried women, men, etc. Since this law was said to be seldom enforced, a Planned Parenthood in New Haven, Connecticut decided to take the risk. The executive director of Planned Parenthood League of Connecticut, Estelle Griswold, and a doctor and professor at Yale Medical School, Dr. C. Lee Buxton, were arrested, found guilty, and fined $100 each (equivalent to about $750 U.S. today) for counseling a married couple about contraceptives and prescribing birth control to the wife. They appealed to the Supreme Court of Connecticut, where the Connecticut court upheld their conviction. Griswold and Buxton appealed to the Supreme Court of the
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During the years leading up to and after 1973, there were numerous events and situations that occurred. Before 1965, the idea of right to privacy was barely used, but Griswold v. Connecticut (1965) changed that. “The case involved a Connecticut law forbidding the use of contraceptives” (Edwards III, Wattenberg, and Lineberry 131). A doctor and a family-planner were arrested for distributing the use of contraceptives for couples in need. They were eventually brought to court by the state and were convicted. The case was taken to the Supreme Court and was later decided that everyone is entitled to their “right to privacy.” This set the precedent for Roe v. Wade because without Griswold v. Connecticut, the decision might be completely different than what it is now. A court case called Rust v. Sullivan was related to abortion. It specified that “family planning services receiving federal funds could not provide women any counseling regard abortion” (Edwards III, Wattenberg, and Lineberry 131). This decision created public scrutiny as the decision would violate the First Amendment. President Clinton eventually lifted the ban on abortion counseling as it
Because of the Comstock Law of 1873, the mailing of information regarding contraception or devices to perform contraceptive techniques was prohibited. This was a major obstacle for Margaret Sanger and Planned Parenthood. As a result of the 1936 court case U.S. v. One Package, the mailing of contraceptive-related materials among physicians was legalized (Planned Parenthood). This turning point signified that contraceptives were finally beginning to be regarded as an important area of medicine. The mailing of contraceptive material to married couples and single adults was not legalized until 1965 and 1972 respectively (Contraception History). The government continued to liberalize its other policies regarding contraception as a result of Sanger’s influence.
The battle for reproductive rights began well over a hundred years ago. At a time when families were producing more children than they could afford to feed, many women were seeking primitive forms of birth control and undergoing abortions. It was in the 1860s that a postal inspector turned politician named Anthony Comstock, in partnership with the Young Men’s Christian Association, set out on a crusade to condemn all forms of birth control and any kind of abortion by claiming they violated “anti-obscenity laws” (Baer). These men eventually succeeded and created the Comstock Laws in 1873 that prohibited all “sales, advertising, or information on birth control” (Baer).
Griswold and Buxton opened the clinic in 1961, in New Haven Connecticut, and were shut down ten days later and fined one-hundred dollars each. They appealed their convictions, stating that the law violated the due process clause of the Fourteenth Amendment. Essentially, the clinic operated as a medical advice center, where married persons could get counciling, advice, and instruction on contraception devises. For their advice they charged patients according to their ability to pay.
Blackmun argued that the right to privacy, as defined in the Griswold v. Connecticut decision in 1965, included “the abortion decision.” In the ninth amendment, Blackmun argued, was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” However, despite this argument of a woman’s right to end her pregnancy being cover under the “right to privacy” as established in Griswold,
Abortion did not immediately engrave itself onto public agenda; it had help. The legal debate over the use of birth control proved to be the catalyst needed to propel abortion to the Supreme Court and into the ranks of public policy. The birth control movement was significant to Roe v. Wade because it served as a key in which to unlock the gates of the Supreme Court. The Supreme Courts decision to hear Griswold v. Connecticut, a case that challenged the Connecticut statute prohibiting anyone to “use any drug, article, or instrument to prevent conception or to give assistance or counsel in its use (p.39)”, is arguably the most significant factor in the Court’s