Changes

The case [[Griswold v. Connecticut]] emerged as a test case of a rarely-enforced 1879 law.  Specifically, Connecticut had forbidden by statute the sale of contraception materials.  Griswold, the petitioner-physician in the case, was indicted for selling condoms.  The case came to the Supreme Court, where the Court struck down the Connecticut statute as abridging a fundamental right to privacy in the "marital bedroom."

The case [[Griswold v. Connecticut]] emerged as a test case of a rarely-enforced 1879 law.  Specifically, Connecticut had forbidden by statute the sale of contraception materials.  Griswold, the petitioner-physician in the case, was indicted for selling condoms.  The case came to the Supreme Court, where the Court struck down the Connecticut statute as abridging a fundamental right to privacy in the "marital bedroom."

Specifically, the Court stated, building on the "enumerated/implied" distinction set forth in early Supreme Court jurisprudence<refer>See e.g. McCulloch v. Maryland.</ref>, that the enumerated rights of the Bill of Rights emanate "penumbras," filled with subsidiary rights that give meaning to the enumerated rights, and without which the enumerated rights would have no meaning.  The Court wrote that the Fourth Amendment guarantee of freedom from search & seizure, the First Amendment guarantee of freedom of expression, and others, all accumulated to prove a right to freedom from intrusion into a couple's intimate affairs.  By regulating condoms, the state had gone too far, and run afoul of this fundamental right.

Specifically, the Court stated, building on the "enumerated/[[Implied contract|implied]]" distinction set forth in early Supreme Court jurisprudence<refer>See e.g. McCulloch v. Maryland.</ref>, that the enumerated rights of the Bill of Rights emanate "penumbras," filled with subsidiary rights that give meaning to the enumerated rights, and without which the enumerated rights would have no meaning.  The Court wrote that the Fourth Amendment guarantee of freedom from search & seizure, the First Amendment guarantee of freedom of expression, and others, all accumulated to prove a right to freedom from intrusion into a couple's intimate affairs.  By regulating condoms, the state had gone too far, and run afoul of this fundamental right.

=== The Roe Controversy, and its Progeny ===

=== The Roe Controversy, and its Progeny ===