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Comparative Constitutional Law Class 14 October 8, 2008 Comparing constitutional law on abortion in the U.S., Germany, and Canada.

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Presentation on theme: "Comparative Constitutional Law Class 14 October 8, 2008 Comparing constitutional law on abortion in the U.S., Germany, and Canada."— Presentation transcript:

1 Comparative Constitutional Law Class 14 October 8, 2008 Comparing constitutional law on abortion in the U.S., Germany, and Canada

2 Abortion rates Which country has higher rates of abortion, Canada, U.S. or Germany?

3 Abortion rates in Germany and the U.S. GERMANY Around 7 terminations per 1000 women age in 2007 UNITED STATES Around 19.4 abortions per 1000 woman age in 2005 (lowest level in 30 years)- high was 1.6 million in 1990, now 1.2 million in 2005 CANADA: 14.1 per 1000 women age in Rate is also dropping

4 German abortion rates by Land

5 Majority Opinion in Roe v. Wade Written by Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, Powell 2 dissenters (Justices Rehnquist and White (in Doe v. Bolton) Concurrences by Justice Stewart, Douglas (in Doe v. Bolton) also Burger

6 WEBSTER v. REPRODUCTIVE HEALTH SERVICES (1989) 5-4 Plurality by Reh quist, White and Kennedy Concurrence by Scalia Concurrence by O’Connor Dissenters: Blackmun, Brennan, Marshall, Stevens

7 Planned Parenthood of Southeastern PA v. Casey (1992) Plurality by: O'Connor, Kennedy, Souter (jointly) Concurrence/dissent by: Stevens Concurrence/dissent by: Blackmun Concurrence/dissent by: Rehnquist Joined by: White, Scalia, Thomas Concurrence/dissent by: Scalia Joined by: Rehnquist, White, Thomas

8 Maher v. Roe (1977) Majority opinion by Powell, joined by Burger, Stewart, White, Rehnquist, Stevens Concurrence by Burger Dissent by Brennan, joined by Marshall and Blackmun Dissent by Marshall Dissent by Blackmun, joined by Brennan and Marshall

9 Harris v. McRae (1980) Majority by: Stewart Joined by: Burger, White, Powell, Rehnquist Concurrence by: White Dissent by: Brennan Joined by: Marshall, Blackmun Dissent by: Marshall Dissent by: Blackmun Dissent by: Stevens

10 Stenberg v. Carhart (2000) Majority by: Breyer Joined by: Stevens, O'Connor, Souter, Ginsburg Concurrence by: Stevens Joined by: Ginsburg Concurrence by: O'Connor Concurrence by: Ginsburg Joined by: Stevens Dissent by: Kennedy Joined by: Rehnquist Dissent by: Scalia Dissent by: Thomas Joined by: Rehnquist, Scalia

11 Gonzalez v. Carhart (2007) Majority by: Kennedy Joined by: Roberts, Scalia, Thomas, Alito Concurrence by: Thomas Joined by: Scalia Dissent by: Ginsburg Joined by: Stevens, Souter, Breyer

12 Germany FCC Abortion I Case, 39 BVerfGE 1 (1975) – considered constitutionality of Abortion Reform Act 1974 Objective Order of Values

13 Second German FCC Abortion Decision Abortion II Case, 88 BVerfGE 203 (1993) – considered Abortion Reform Act of 1992

14 Canada Morgentaler v. the Queen [1976] 1 SCR 1 Morgentaler v. the Queen [1988] 1 S.C.R. 30 (after Charter) R. v. Morgentaler [1993] 3 S.C.R. 463

15 Canada Tremblay v. Daigle [1989] 2 SCR 530


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