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Artwork for Learning by William
Learning by William · Dec 18, 2021 · 52 min

The Right to Privacy and the Abortion Debate

We discuss the right to privacy and its basis (Louis Brandeis), the justification for the right, the constitutional basis for abortion in Roe v. Wade, the two arguments regarding abortion (moral and constitutional approaches), along with the doctrines of stare decisis, selective incorporation, the "right to be left alone," substantive due process, equal protection of the laws, and undue burden. References: https://en.wikipedia.org/wiki/The_Right_to_Privacy_(article) https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights#Selective_versus_total_incorporation https://www.oyez.org/cases/1991/91-744 https://www.oyez.org/cases/1960/60 https://www.oyez.org/cases/1964/496 https://www.oyez.org/cases/2021/19-1392 https://www.oyez.org/cases/1900-1940/268us652 https://www.oyez.org/cases/2019/17-1618

0:00-52:12

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show notes

We discuss the right to privacy and its basis (Louis Brandeis), the justification for the right, the constitutional basis for abortion in Roe v. Wade, the two arguments regarding abortion (moral and constitutional approaches), along with the doctrines of stare decisis, selective incorporation, the "right to be left alone," substantive due process, equal protection of the laws, and undue burden.


References:

https://en.wikipedia.org/wiki/The_Right_to_Privacy_(article)

https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights#Selective_versus_total_incorporation

https://www.oyez.org/cases/1991/91-744

https://www.oyez.org/cases/1960/60

https://www.oyez.org/cases/1964/496

https://www.oyez.org/cases/2021/19-1392

https://www.oyez.org/cases/1900-1940/268us652

https://www.oyez.org/cases/2019/17-1618