The Right to Privacy and the NINTH AMENDMENT

The Right to Privacy and the NINTH AMENDMENT The Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The Right to Privacy and the NINTH AMENDMENT Griswold v. Connecticut (1965) “The Connecticut statute forbidding use of contraceptives violates the right of marital privacy which is within the penumbra of specific guarantees of the Bill of Rights.”

The Right to Privacy and the NINTH AMENDMENT Roe v. Wade (1973) “State criminal abortion laws… that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the 14 th A which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy.”

The Right to Privacy and the NINTH AMENDMENT Planned Parenthood v. Casey (1992) “To protect the central right recognized by Roe while at the same time accommodating the State's profound interest in potential life, the undue burden standard should be employed. An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability.”

The Right to Privacy and the NINTH AMENDMENT Planned Parenthood v. Casey (1992) 1.Informed consent 2.Spousal notification – Unconstitutional – undue burden (5 to 4) 3.Parental consent 4.24 hr. wait period 5.Reporting requirements for abortion clinics Justice Kennedy (Catholic, Pro-Life) “We must make decisions we do not like.”

The Right to Privacy and the NINTH AMENDMENT Cruzan v. MO Dept of Health (1990) 5 to4 “A competent person has a liberty interest under the Due Process Clause in refusing unwanted medical treatment. However, the question whether that constitutional right has been violated must be determined by balancing the liberty interest against relevant state interests.”