scholarly journals Evoluzione della giurisprudenza costituzionale statunitense in materia d’aborto (II)

2011 ◽  
Vol 60 (5) ◽  
Author(s):  
Fabio Persano
Keyword(s):  
United States ◽  
Supreme Court ◽  
Single Case ◽  
The United States ◽  
Planned Parenthood ◽  
Abortion Debate ◽  
The Supreme Court ◽  
Long Time ◽  
The Right ◽  
Roe V Wade

Negli Stati Uniti il dibattito sull’aborto è sempre un tema molto caldo. Questo saggio, diviso in due parti (la prima parte è stata pubblicata sul precedente numero della rivista) prova a ripercorrere l’evoluzione della giurisprudenza costituzionale statunitense in materia d’aborto, evidenziando i cambiamenti che ciascuna decisione ha apportato al quadro giuridico precedente. In questa seconda parte, la dissertazione sui singoli casi giurisprudenziali decisi dalla Suprema Corte prosegue con il caso Planned Parenthood v. Casey. Esso è stato una vera occasione mancata nella storia dell’aborto negli Stati Uniti, perchè venne sfiorata la overrule di Roe v. Wade. Ciononostante, venne sostanzialmente confermato l’impianto delle decisioni precedenti, in considerazione del fatto che una decisione contraria all’aborto avrebbe spiazzato un popolo che per decenni aveva organizzato la propria vita in funzione anche della possibilità di abortire. Con questa decisione si distinse la gravidanza in due periodi: quello della pre-viabilità, in cui la donna era completamente libera di abortire in accordo col medico; quello della post-viabilità, in cui gli Stati avrebbero potuto legiferare, pur dovendo consentire l’aborto nel caso di pericolo per la vita o la salute della madre. Inoltre il diritto d’aborto venne radicato nella libertà riconosciuta nel XIV Emendamento della Costituzione. Nel successivo caso Stenberg v. Carhart fu oggetto di giudizio l’aborto a nascita parziale: una legge del Nebraska aveva bandito questa pratica, ma la legge fu annullata dalla Corte Suprema, nonostante il duro dissenso di ben quattro giudici, fra cui Anthony Kennedy. Successivamente a questa decisione, il Congresso prese l’iniziativa di emanare il Partial Birth Abortion Ban Act. Questa legge fu impugnata in via d’azione davanti alla Corte Suprema e ne scaturì la sentenza Gonzalez v. Carhart. In questa decisione la Corte fece un passo indietro rispetto a Stenberg, affermò la legittimità del bando, sostenne che l’aborto a nascita parziale non è mai necessario per tutelare la vita della donna e che Stenberg era fondato su convinzioni erronee sul punto. Il saggio si conclude con delle interessanti considerazioni in merito ai possibili sviluppi futuri circa il tema dell’aborto negli Stati Uniti, auspica la “liberalizzazione del diritto alla vita” ed avanza una originale proposta, valida per tutti i Paesi in cui l’aborto è legalizzato. ---------- Abortion debate is always a hot subject in the United States. This essay, divided into two parts (the first part has been published on the previous issue of this review) tries to go along the development of U.S. constitutional caselaw about abortion, pointing out the change that each judgement caused to the previous law framework. In this second part, the dissertation about U.S. Supreme Court single case-law goes on by Planned Parenthood v. Casey. It was a real missed occasion in the abortion affair in the United States, because it was on the verge of overruling Roe v. Wade. However, the framework of the previous cases was substantially confirmed, considering that a decision against abortion would place out people who for a long time organized their own life in connection to the right of abortion. By this judgement, pregnancy was divided into two periods: pre-viability, when woman was completely free to have an abortion in agreement with her doctor; post-viability, when States could restrict abortion, except for woman life or health risks. Moreover, abortion right was founded on liberty, acknowledged by XIV Amendement. In the following case Gonzalez v. Carhart, partial-birth abortion was judged: a statute of Nebraska banned this activity, but it was stroked down by Supreme Court, despite of the dissenting opinion of four judges (Anthony Kennedy was one of them). After this judgement, the Congress wanted to issue Partial Birth Abortion Ban Act. This statute was pre-enforcement challenged to the Supreme Court, and Gonzalez v. Carhart was poured. In this judgment, the Court drew back Stenberg, it stated the ban was legitimate, partial-birth abortion never is necessary to safeguard woman health, and Stenberg was founded on wrong beliefs on this matter. This essay concludes with interesting considerations about possible developments about abortion affair in the United States, wishes “liberty of right to life” and proposes a solution for all the countries where abortion is legal.

State Building, Health Policy, and the Persistence of the American Abortion Debate

1997 ◽  
Vol 9 (3) ◽  
pp. 311-338 ◽  
Author(s):  
Helene Silverberg
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
The United States ◽  
State Building ◽  
State Regulation ◽  
Reproductive Health Services ◽  
Abortion Debate ◽  
The Supreme Court ◽  
Roe V Wade

In the years since the Supreme Court handed down its ruling in Roe v. Wade (1973), the abortion controversy has raged across America with increasing vigor. Since Ruth Bader Ginsburg's appointment solidified the Rehnquist Court's moderate bloc, holding the line on Roe's basic principle but inviting more state regulation, the conflict over abortion is likely to expand and intensify in most of the fifty states. The increased and bitter activity since the Supreme Court decided Webster v. Reproductive Health Services (1989), which gave state legislatures more latitude to respond to pro-life pressures, provides only a small indication of what the future may hold. Almost twenty years after Roe legalized abortion in the United States, an end to the “clash of absolutes,” as Laurence Tribe has recently called the American abortion conflict, seems nowhere in sight.

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

scholarly journals RESPONSABILIDADE EM FACE DE PIQUETE NA JURISPRUDÊNCIA NORTE-AMERICANA

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES
Keyword(s):  
United States ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Deductive Method ◽  
The Face ◽  
The Subject ◽  
The Right

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.

Shaping Policy Through Litigation: Abortion Law in the United States

1993 ◽  
Vol 39 (2) ◽  
pp. 167-183 ◽  
Author(s):  
Kathryn Ann Farr
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal Status ◽  
The United States ◽  
Abortion Policy ◽  
Abortion Law ◽  
The Supreme Court ◽  
Roe V Wade

The criminalization of abortion in the United States began in the early 1800s and was nearly universal by the late 1800s. It was not until the middle of the 1900s that abortion reform gained momentum, culminating in 1973 in the Roe v. Wade decision that protected women's right to abortion. In this article it is argued that since Roe, litigation has been increasingly used to shape abortion policy. The rise of such litigation, as well as the kinds of issues and concerns raised by litigants, are described. The role played by the Supreme Court in changing the legal status of abortion is examined.

“Sound Law and Undoubtedly Good Policy”: Roe v. Wade in Comparative Perspective

1995 ◽  
Vol 7 (1) ◽  
pp. 53-71 ◽  
Author(s):  
Ian Mylchreest
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Medical Procedure ◽  
Patient Relationship ◽  
Personal Choice ◽  
The Supreme Court ◽  
Abortion Laws ◽  
Good Policy ◽  
Roe V Wade

The Supreme Court changed abortion laws across the United States on 22 January 1973. Abortion had been illegal in many states, and in others a closely regulated medical procedure. In only four states did the law provide a broad right to terminate a pregnancy in the early months. Roe v. Wade declared that this right in the context of the doctor-patient relationship was protected by the Constitution's “right to privacy.” In practice, abortion became a matter of personal choice.

Zschernig v. Miller and the Breard Matter

1998 ◽  
Vol 92 (4) ◽  
pp. 704-708
Author(s):  
Frederic L. Kirgis
Keyword(s):  
United States ◽  
Supreme Court ◽  
Foreign Relations ◽  
United States Supreme Court ◽  
The United States ◽  
Policy Attitudes ◽  
The Supreme Court ◽  
The Right ◽  
The Cold War ◽  
To Receive

In 1968 the United States Supreme Court decided Zschernig v. Miller, a foreign relations case that has been characterized as unique. An Oregon probate statute provided for escheat of a decedent’s property in preference to a nonresident alien’s claim to inherit it unless the alien’s country (1) allowed United States citizens to inherit under similar circumstances, (2) allowed U.S. citizens to receive payment here of funds inherited there, and (3) gave foreign heirs the right to receive the proceeds of Oregon estates without confiscation. Residents of then East Germany, who were the heirs of an Oregon decedent, challenged the constitutionality of the statute. The Supreme Court struck down the statute, finding that Oregon probate and appellate judges were basing their decisions on “foreign policy attitudes, the freezing or thawing of the ‘cold war.’”

scholarly journals PIERWSZY BANK STANÓW ZJEDNOCZONYCH JAKO PIERWOWZÓR SYSTEMU REZERWY FEDERALNEJ

2017 ◽  
Vol 9 (1) ◽  
pp. 171
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
Federal Reserve ◽  
Financial Stability ◽  
The United States ◽  
The Supreme Court ◽  
The Government ◽  
Banking Institution ◽  
The Right

First Bank of the United States as a Prototype for the Federal Reserve SystemSummaryThe article describes the history of the First Bank of the United Statesfirst banking- institution, that was charted in XVII-th century North America as an effect of a cooperation of two federal bodies – Congress and the President. Although, the federal government possessed only 20 %, of the shares with federal licences it could conduct its activity on territory of the whole country. Moreover – the Bank is now referred to as the first central bank in the United States because of its national scope and services rendered to the federal government. The Bank helped the government to obtain emergency loans, facilitated the payment of taxes, and served as the receiver and disburser of the public funds. In addition, it issued bank notes and made them fully redeemable in coin. During a 20-years period the Bank achieved a commercial success and maintained a financial stability. However, in 1811 Congress did not renew the charter because the Bank’s constitutionality was questioned.Alexander Hamilton (the first U.S. Secretary of the Treasury), who was [the followerof creation of the bank, already in 1790 assumed that the federal government had the power to charter banks because the Constitution granted the government the right to establish institutions necessary for its operations. Addifferent viewpoint was presented by Thomas Jefferson who favored a more decentralized government and believed that only the states could charter banks under the Constitution. Furthermore – because the Constitution did not expressly grant the power to Congress, he reasoned that federally chartered banks were unconstitutional. Finally in 1819, as a far-reaching decision, the Supreme Court Chief Justice John Marshall followed Hamilton’s reasoning and ruled in case McCulloch vs Maryland that the Second Bank of the United States was constitutional. For U.S. federal government this decision of the Supreme Court was very important about 200 years later – in 1913, when president Wilson, many politicians’ and main U.S. bankers decided to create the Federal Reserve System.

Abortion

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
Supreme Court ◽  
State Legislatures ◽  
Married Couples ◽  
The United States ◽  
Court Cases ◽  
The Supreme Court ◽  
Abortion Laws ◽  
American Law ◽  
The Right ◽  
Roe V Wade

This chapter examines Supreme Court cases that were filed over the issue of abortion in Texas. Texas figured in two of the three major decisions on abortion laws in the United States: Roe v. Wade and Whole Woman's Health v. Hellerstedt. The late 1960s witnessed the introduction of various legislative measures to reform abortion laws. Reform measures based on the American Law Institute proposal were initiated in thirty state legislatures, including Texas in 1967. The same year the American Medical Association backed abortion liberalization, abortions were first mentioned at the Supreme Court. The chapter first discusses the case about the right of married couples to obtain contraceptives, which an 1879 Connecticut law severely restricted, and another case, Griswold v. Connecticut, the third attempt at the Court to kill the Connecticut law. It also considers cases involving Roy Lucas, Texas's mandatory sonogram bill, and Texas Senate HB 2.

scholarly journals Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution

2014 ◽  
Vol 38 (1) ◽  
pp. 123-136
Author(s):  
Izabela Kraśnicka
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Original Text ◽  
Second Amendment ◽  
Language Interpretation ◽  
The Supreme Court ◽  
American Legal System ◽  
The Right ◽  
The U.S

Abstract The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights. The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)). It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”

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