Lecture 6: Civil Liberties, cont’d 2nd amendment Right to privacy Patriot Act/ 9/11

II Amendment Right to bear arms -Ct said in 1939 right to bear arms tied to existence of state militias -inconsistent lower court rulings

Right to “Privacy” Roe v Wade (1973) -mother has right to choose through second trimester--point of viability outside the womb -Chipping away: Hyde Amendment -Casey: no more trimesters, instead “undue burden”--hence waiting periods, parental consent -Access to services becoming more rare South Dakota’s test ban

Right to Privacy, cont’d Bowers v Hardwick (1986) -Georgia sodomy law upheld Lawrence v Texas (2003) -Texas sodomy law overturned

Right to Privacy--right to die 1997 Ct: No constitutional right to die-- states may ban assisted suicide 2006 Ct: Oregon’s Death with Dignity Act not in violation of a federal substance control law

Patriot Act Expanded third party surveillance powers under sec no notification of directly concerned party -no judicial oversight/recourse for injunction -not “probable cause,” but assertion that the search is part of an ongoing terrorist investigation

Bush and warrantless wiretaps 1978 Congress established exception to warrant requirement with the Foreign Intelligence Surveillance Act (FISA) 2006 Bush argues: 1) has authority as Commander in Chief in time of war 2) Congress’s authorization to fight terror gave right to conduct warrantless searches outside of FISA

Other 9/11 issues Extra-legal zones--Guantanamo -Ct in 2004: they are entitled to hearings in US courts Extra-legal persons--”enemy combatants” -Ct: citizens like Hamdi and Padilla still get lawyers and hearings before a “neutral decision-maker” -

The torture issue Interpreting Geneva Conventions The Geneva Conventions prohibit ''cruel treatment and torture'' and ''outrages upon personal dignity, in particular, humiliating and degrading treatment.'' Extraordinary rendition and secret prisons 2006 Bush signs anti-torture law