Judicial Decision Making Analysis

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Assignment #6: Judicial Decision Making Analysis
Strayer University
SOC205 Professor Jack Crepeau
Joseph Walter
12-08-2012

Griswold v. Connecticut 381 US 479 (1965).

This Supreme Court case and subsequent decision came about in 1965 in which the state of Connecticut back in 1879 made it illegal for any person married or not to use any form of birth control or preventive conception. Griswold argued that a new “right or privacy” (G.R.T) in the constitution which should be used to strike down the State of Connecticut law. One of the Justices who ruled on this case Justice Hugo Black firmly believed that this Connecticut law was “offensive” (G.R.T) he also felt it was nonetheless constitutional. He strongly believes that any decision to change or abandon the Connecticut law should be made by the Connecticut legislature. Justice Hugo Black wrote a very passionate four paragraph long dissent that in which he made it very clear he did not personally support the Connecticut law prohibiting contraceptive distribution and use by married couples. He also believed that the Supreme Court did not have the authority to strike down the Connecticut statue. The Supreme Court truly represents a "clear and present danger" today. The Court possesses an unprecedented amount of federal power which threatens the lives of unborn children, the very young, the elderly, and those who have a "low quality of life" if they apply the same doctrine to euthanasia. (G.R.T) This Supreme Court decision served as the foundation for the Supreme Court’s decision in ROE v. WADE in 1973 which lead to the subsequent legalizing of abortions in most states. (Johnson, 2005) The Supreme Court ruled that the "statute forbidding use of contraceptives violates the right of marital privacy which is within the penumbra of specific guarantees of the Bill of Rights." ("Decision: Griswold v.," ) The Supreme Court ruled that marital privacy was a Constituted right of the people and state law cannot...
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