PSCI 3303 Lecture Notes - Lecture 1: Antonin Scalia, William Rehnquist, Judicial Restraint
27 Jan 2017
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Monday, november 30, 2015 12:37 pm: griswold v. connecticut (1965) Makes it a crime to use or assist others in using birth control. Black & stewart dissent: bowers v. hardwick (1986) White, burger, rehnquist, o"connor, & powell: no fundamental right to engage in homosexual conduct, no tradition other than making this conduct illegal, lawrence v. georgia (2003) Texas sodomy law bans sexual conduct between same sex couples. 3 test for equal protection: traditional, violates equal protection. Does not satisfy the rational basis test: only justi cation is moral disapproval which is not in and of itself a legitimate governmental interest, earlier examination on classifying of gender. Is there a rational justi cation of the law. Intermediate: usually classifying on the basis of gender, law must advance substantial governmental interest, means must be substantially related to governmental interest, strict, law is classifying based on race/ethnicity, compelling governmental interest required. Interfering with the exercise of a fundamental right.
