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Griswold V. Connecticut (1965)
• Makes it a crime to use or assist others in using birth control
○ Right of privacy found in the penumbra of the Bill of Rights • Goldberg
○ 9th Amendment "The enumeration in the Constitution, of certain rights shall not be construed
to deny or disparage others retained by the people."
○ Part of liberty in the Due Process clause
• Substantive Due Process!!
○ You have a liberty that is a part of your privacy
• Black & Stewart dissent
• Not inconsistent with Footnote 4
Cooley V. Board of Port Wardens (1852)
• Sometimes states can have regulation of interstate commerce, but not always
• Pennsylvania law required local pilots to bring ships into Philadelphia port
○ "Common law that still exists today
○ "Other examples of similar laws are the state weight checkpoints on highways
• Taney Court; Justice Curtis writing
• Develops the Cooley Doctrine
○ "State regulation of Interstate Commerce that is still used today
○ "In the absence of contrary national legislation or a need for national uniformity, !
states may legislate local matters that involve interstate commerce !
Cooper V. Aaron
• During the time of Cooper V. Aaron, there was a period of activist judges, See:
Brown V. Board of Education
• The state government sided with the mobs in Arkansas
○ "Used 10th Amendment to argue that the SC overstepped its authority on !
○ "Eisenhower sent in army to enforce federal law and prevent mobs from
○ "District Judge attempted to delay enforcement of desegregation, appeals court !
shot it down, shouldn't give in to violence
• How does the court respond to a violent state response to a court decision?
○ It doesn't back down one little bit
• Who does the court rely on?
○ "Marbury V. Madison!
○ "President Eisenhower's Army
○ "Lets the court be pretty bold to assert authority in this situation
• A lot of southern politicians were against Brown V. Board of Education
○ "Many thought the court would reverse their decision when new justices enter
○ "Three justices were appointed by Eisenhower, all Republican (see table below)
○ "Will this change make a difference in segregation? !
• Frankfurter was top notch law prof, very involved in political advising, very
○ "Extremely unsuccessful at dominating court, failed to live up to expectations