The Supreme Court in the intimate lives of Americans : birth, sex, marriage, childrearing, and death / Howard Ball.

Format:

Book

Author/Creator:

Ball, Howard, 1937-

Language:

English

Subjects (All):

United States. Supreme Court--History.

United States.

Human reproduction--Law and legislation--United States--History.

Human reproduction.

Abortion--Law and legislation--United States--History.

Abortion.

Right to die--Law and legislation--United States--History.

Right to die.

Physical Description:

1 online resource (278 p.)

Edition:

1st ed.

Place of Publication:

New York : London : New York University Press, c2002.

Language Note:

English

Summary:

Choice Outstanding Academic Title 2003 Personal rights, such as the right to procreate-or not-and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself. For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with new and difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

Contents:

Front matter

Contents

Acknowledgments

Introduction

1. “Fundamental” Rights versus State Interests

I. “I Am Not Talking Very Much Like a Lawyer”

II. The U.S. Supreme Court and “Fundamental” Rights

III. The Liberty and Rights Protected by the Due Process Clause

Case Study: U.S. v Carolene Products, 1938, Footnote 4³⁶

IV. Is There a Protected Liberty Interest for Persons Having Intimate Homosexual Relations?

Case Study: Bowers v Hardwick, 478 U.S. 186 (1986)⁵º

Case Study: Roy Romer, Governor v Richard Evans, et al., 1996⁵⁴

V. The Limits of Sexual Privacy

VI. Summing Up

2. Marriage and Marital Privacy

I. “I Should Like to Suggest a Substantial Change for Your Consideration”

II. Heterosexual Marriage

Case Study: Skinner v Oklahoma, 1942⁴¹

III. Molecular Changes in the Definition and Reality of the Traditional Marital Relationship

Case Study: Griswold v Connecticut, 1965⁵º

IV. The Dilemma of Intimate Violence and Congressional Passage of the Violence Against Women Act (VAWA), 1994

Case Study: Joshua DeShaney, a minor, by his guardian ad litem, et al., v Winnebago County, Wisconsin Department of Social Services, et al., 1988⁵⁹

Case Study: U.S. v Morrison, 1999⁷⁵

V. Same-Sex Marriage

Case Study: Stan Baker, et al. v State of Vermont, et al., 1999⁹⁴

VI. Congressional Passage of the Defense of Marriage Act (DOMA), 1996

Case Study: Nina Baehr v Miike, 1996, 1999¹º³

VII. Summing Up

3. The “Rhapsody of the Unitary Family”¹

I. “Something Smells about This Case”

II. Who Is Family?

Case Study: Village of Belle Terre v. Bruce Boraas, 1974²³

III. Family Privacy Rights versus State Interests

Case Study: Reynolds v U.S., 1878²⁸

Case Study: Michael H. v Gerald D., 1989

IV. Family Privacy Rights versus Personal Autonomy and Other Constitutional Rights

Case Study: Eisenstadt v Baird, 1971

V. Summing Up

4. Motherhood or Not, That Is Her Decision

I. “I Will Be God-damned!”³

II. Not Having Children: Abortion as Personal Right

Case Study: Roe v Wade, 1972¹¹

III. After Roe, What Are the Limits of “State Actions” That Regulate the Abortion Procedure?

Case Study: Webster v Reproductive Health Services, 1989

IV. After Roe, What Are a Husband’s Rights?

Case Study: Planned Parenthood of Southeastern Pennsylvania v Casey, 1992

VI. Back into the Vortex: The “Partial Birth” Abortion Controversy

Case Study: Stenberg v Carhart, 1999

5. Raising the Child “Father Knows Best”?

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 251-258) and index.

ISBN:

0-8147-2301-2

1-4175-8813-6

OCLC:

782877917