Landmark Cases (Part 2) I. Roe v. Wade A. most states allowed limited abortions at the time B. used 1st, 9th, and 14th Amendments C. challenged a Texas law D. based on right to privacy in Griswold case E. vote was 7-2 (current Ch. Just. in dissent) F. opposition argued right of fetus G. decision set up trimester scheme that allowed greater state regulation later in the pregnancy

II. Miranda v. Arizona A. challenged based on 5th Amend. B. used precedence in Escobedo v. Illinois C. decision required reading of rights D. opposed by police E. questions not answered by Court 1. What is custody? 2. What constitutes interrogation? 3. What about statements before warning? F. dissent: is asking questions an act of compelling?

III. Gideon v. Wainright A. used 6th Amendment (right to attorney) B. Gideon did own research in prison C. supported by 22 states& major attornies D. decision argued that legal representation was “necessary”, not just required E. based on dissent in Betts v. Brady F. forced governing agencies to change public defender system G. 75% of defendants are indigent

IV. Brown v. Board A. one of 5 cases decided at one time B. lost at the state level based on precedence in Plessy v. Ferguson C. sought 14th Amendment equal protection D. decision 1. schools were equal based on “tangible” factors like teachers, classrooms, and curriculum 2. inherent inequality by being separate E. decision could not enforce de-segregation