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Griswold at 50
Reflections on the fiftieth anniversary of Griswold v. Connecticut, 381 U.S. 479 (1965). These Essays developed from remarks given at the Association of American Law Schools’s 2015 Annual Meeting in Washington, D.C.
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How Conflict Entrenched the Right to Privacy
We are about to mark the fiftieth anniversary of Griswold v. Connecticut,1 a 1965 case in which the Supreme Court struck down a Connecticut law that criminalized the use of contraception, in the process giving birth to the modern right to privacy. From Griswold’s understanding of “libert…
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Overlooking Equality on the Road to Griswold
This year marks the fiftieth anniversary of Griswold v. Connecticut,1the Supreme Court decision that famously articulated a right to privacy.2 As we celebrate Griswold, it is easy to overlook what preceded it—and what was surrendered in Griswold’s embrace of the right to privacy. In 1960,…
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Griswold and the Public Dimension of the Right to Privacy
Fifty years ago, the Court in Griswold v. Connecticut1 invalidated Connecticut’s ban on birth control. The various opinions in Griswold were in many ways products of their time. For instance, none of the Justices focused on the implications of the Connecticut law for women’s equality. Con…
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Griswold's Progeny: Assisted Reproduction, Procreative Liberty, and Sexual Orientation Equality
In Griswold v. Connecticut,1 the Supreme Court ruled that a Connecticut statute criminalizing the use of contraception violated married couples’ privacy rights. On the decision’s fiftieth anniversary, this brief Essay takes cues from a principle at stake in Griswold—that procreative li…
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Contraception as a Sex Equality Right
“Not only the sex discrimination cases, but the cases on contraception, abortion, and illegitimacy as well, present various faces of a single issue: the roles women are to play in society. Are women to have the opportunity to participate in full partnership with men in the nation’s socia…