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Examples
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Prior to the abortion decision, the SCOTUS in Griswold v. Connecticut (1965) held that states could not regulate how contraceptives were sold.
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The abortion cases all rely on Justice William O. Douglas's discovery in Griswold v. Connecticut of those famous "penumbras, formed by emanations" from the Bill of Rights protecting privacy rights of married couples and the right of a woman to consult her physician about contraception.
Making Physicians More Human Is a Noble Goal, but . . . 2010
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And a penumbra is a different kettle of fish entirely – the metaphor was used by Justice Douglas in Griswold v. Connecticut and partakes more of substantive due process than anything else.
The Volokh Conspiracy » The First Amendment and Advertisements of Legal Prostitution 2010
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If the latter is, it would seem to cut against the holding in Griswold, would it not?
The Volokh Conspiracy » Destroying the Constitution’s Structure is not Constitutional 2010
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Roe was about freedom to choose whether or not to reproduce, as found in Griswold, what does that have to do with medicine generally?
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Oyez (oral arguments) The Court in Griswold v. Connecticut86 was not nearly as divided as it had been for Poe; only two justices dissented.
'Trivial Complaints:' The Role of Privacy in Domestic Violence Law and Activism in the U.S. 2008
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The marital relationship that had been such an essential component of the privacy right only seven years earlier in Griswold was now deemed superfluous: while the privacy right remained intact, its scope was significantly broadened to include both married and single people.
'Trivial Complaints:' The Role of Privacy in Domestic Violence Law and Activism in the U.S. 2008
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He notes that in Griswold, the Court "described the protected interest as a right to privacy," and that "After Griswold it was established that the right to make certain decisions regarding sexual conduct extends beyond the marital relationship."
'Trivial Complaints:' The Role of Privacy in Domestic Violence Law and Activism in the U.S. 2008
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It is true that in Griswold the right of privacy in question inhered in the marital relationship.
'Trivial Complaints:' The Role of Privacy in Domestic Violence Law and Activism in the U.S. 2008
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So it does seem like Roe is rather a strong extension of the right to privacy as was found to exist in Griswold, and that one can agree with the latter decision while thinking that the former is an unjustified extension of it.
Matthew Yglesias » In Ur Bedroomz, Confiscatin’ Ur Contraceptivz 2007
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