Chapter

Roe and Beyond

Tinsley E. Yarbrough

in Harry A. Blackmun

Published in print February 2008 | ISBN: 9780195141238
Published online March 2012 | e-ISBN: 9780199851577 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195141238.003.0007
Roe and Beyond

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In spite of how it was known to advocate a certain degree of civil liberty, the Warren Court limited its functions and guarantees to civil liberties to the rights mentioned within the Constitution. Griswold v. Connecticut, a Warren Court 7–2 majority, attempted to appeal to a certain aspect of marital privacy that concerned the ban on the use of contraceptives. Justice Douglas, its author, aims to incorporate specific constitutional provisions to the Court's decision. The Roe case, a 7–2 Burger Court majority, however, seemed inconsistent with President Nixon's justice principles. Chief Justice Burger was not at ease with how the Court took on the Roe case, as he declared that Baird in Eisendtadt v. Baird was appropriately convicted for handling and distributing such medical material as vaginal foam without a license, and that the marital status of the woman whom he had provided with such was irrelevant to the case. This chapter expresses most of Justice Brennan's opinions regarding abortion and other such concerns and how this and other arguments have served as foundations for the Roe v. Wade case.

Keywords: Warren Court; Griswold v. Connecticut; Justice Douglas; Justice Brennan; Roe v. Wade; Eisendtadt v. Baird; Chief Justice Burger

Chapter.  15429 words. 

Subjects: History of Law

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