In  Texas v. Lawrence , Justice Kennedy sought to illuminate the..

In  Texas v. Lawrence , Justice Kennedy sought to illuminate the..

In Texas v. LawrenceJustice Douglas’s opinion for the Court in Griswold v. Connecticut In Griswold

, Justice Kennedy sought to illuminate the issues in the case by drawing attention to a parallel case in Northern Ireland decided by the European Court of Human Rights. In your opinion, is it appropriate for the Court to utilize foreign cases in its interpretation of U.S. law? Why or why not?

asserts a general right to privacy grounded in the “penumbras and emanations” of the Bill of Rights. Explain his argument. Is it persuasive? Why or why not? What limitations may be imposed on this approach? Do some constitutional provisions more readily lend themselves to this approach than others? Which ones?

, Justice Goldberg cited the Ninth Amendment as the source of a right to privacy. Is his approach persuasive? Why or why not? How can the language of the Ninth Amendment be read to support Goldberg’s claim? In your view, who is responsible for determining the existence of “others retained by the people”? Should the Court identify these rights? If so, can you articulate a constitutional theory to support your position?

Has the Court’s reaffirmation of the core of Roe v. Wade created a precedent that is “too late” to be disturbed? What weight should be attached to Justice Cardozo’s view, as endorsed and explained by Justice O’Connor’s opinion in Planned Parenthood v. Casey, that the Court’s work would suffer if “it eyed each issue afresh in every case that raised it”? Has the “undue burden” test provided a work- able standard that satisfies concerns about the Court’s abortion jurisprudence?

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CHAPTER 18