Right to Privacy

» Is There a Right to Privacy? ˃Definition: the right to a private personal life free from the intrusion of government +The right to be left alone ˃Not explicitly stated in the Constitution, but implied by the 1 st, 4 th, 5 th, and 9 th Amendments

» A judicially created doctrine encompassing an individual’s decision to use birth control or to secure an abortion » Birth Control ˃Griswold v. Connecticut (1965) » Abortion ˃Roe v. Wade (1973) ˃Court found a woman’s right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment ˃Planned Parenthood of S.E. Pennsylvania v. Casey (1992) ˃Partial Birth Abortion Ban Act (2003) » Homosexuality ˃Lawrence v. Texas (2003) +State sodomy laws found unconstitutional

» Controversy over Abortion ˃Roe v. Wade (1973) ˃Planned Parenthood v. Casey (1992) ˃Protections of those seeking an abortion ˃Rights of protesters

» 2001 ruling on thermal imaging drug evidence (without a warrant) was violation of Fourth Amendment – binoculars or helicopters okay – why? Just plain eyesight used – not a new technology » 2006, the Court ruled that the police could not conduct a warrantless search of a home if one of the occupants objected » Drug testing difficult search and seizure issue ˃Chandler v. Miller (1997) ˃Public employees enjoy more protection in the area of drug testing than do employees of private enterprises ˃But what about drug testing of pregnant women? +2001, the Supreme Court said NO. This is unconstitutional.

» 1990 Court ruled in a 5-4 decision that parents could not withdraw a feeding tube from their comatose daughter after her doctors testified that she could live for many more years if the tube remained in place. » Rehnquist rejected any attempts to expand the right to privacy in to this area.

» Court did note that individuals could terminate medical treatment if they were able to express, or had done so in writing via a living will, their desire to have medical treatment terminated in the event they became incompetent » 1997 Court ruled unanimously that terminally ill persons do NOT have a constitutional right to physician assisted suicide ˃Oregon voters approved a right to die law in ˃Attorney General Ashcroft issued legal opinion that this was not acceptable. +State and national conflict +Federal judge ruled that Ashcroft, then Attorney General, had overstepped his authority » Gonzales v. Oregon (2005) ˃Court once again disagreed and upheld Oregon’s law by a 6-3 vote.