For Thursday (Corrected)

Monday video--with transcript, without transcript.

We continue with Reproductive Freedom, continuing with Roe and moving to Whole Women and June Medical (Blog).

    • What were the regulations at issue in Casey and what was the result there?

    • How did equal protection enter the analysis of reproductive rights?

    • In what ways are regulations of abortion paternalistic and is there any problem with that paternalism in government regulation? What sorts of regulations are possible under Casey?

    • How did Whole Women and June Medical understand the undue burden test? Where do things stand doctrinally after June Medical? In thinking about this, especially the meaning of June, consider the so-called Marks principle: When a case does not garner a majority opinion, the controlling rule comes from the narrowest concurring opinion supporting the judgment (that is, the narrowest reasoning to reach the result in the case.

Then move to Right to Die, which we hopefully will reach late in the second hour.

    • How do these cases derive from the basic privacy right in Griswold?

    • What role does and should societal morality or disapproval play in constitutional doctrine. 

    • How did the Court distinguish the situation in Cruzan from the situation in Glucksberg and Vacco?

 We will get to Sexual Liberty next week.