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Comparative Constitutional Law

Comparative Constitutional Law. Class 14 October 8, 2008 Comparing constitutional law on abortion in the U.S., Germany, and Canada. Abortion rates. Which country has higher rates of abortion, Canada, U.S. or Germany?. Abortion rates in Germany and the U.S.

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Comparative Constitutional Law

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  1. Comparative Constitutional Law Class 14 October 8, 2008 Comparing constitutional law on abortion in the U.S., Germany, and Canada

  2. Abortion rates • Which country has higher rates of abortion, Canada, U.S. or Germany?

  3. Abortion rates in Germany and the U.S. • GERMANY Around 7 terminations per 1000 women age 15-44 in 2007 • UNITED STATES Around 19.4 abortions per 1000 woman age 15-44 in 2005 (lowest level in 30 years)- high was 1.6 million in 1990, now 1.2 million in 2005 • CANADA: 14.1 per 1000 women age 15-44 in 2005. Rate is also dropping

  4. German abortion rates by Land

  5. Majority Opinion in Roe v. Wade • Written by Justice Blackmun, joined by Justices Burger, Douglas, Brennan, Stewart, Marshall, Powell • 2 dissenters (Justices Rehnquist and White (in Doe v. Bolton) • Concurrences by Justice Stewart, Douglas (in Doe v. Bolton) also Burger

  6. WEBSTER v. REPRODUCTIVE HEALTH SERVICES (1989) • 5-4 • Plurality by Reh quist, White and Kennedy • Concurrence by Scalia • Concurrence by O’Connor • Dissenters: Blackmun, Brennan, Marshall, Stevens

  7. Planned Parenthood of Southeastern PA v. Casey (1992) • Plurality by: O'Connor, Kennedy, Souter (jointly)Concurrence/dissent by: StevensConcurrence/dissent by: BlackmunConcurrence/dissent by: RehnquistJoined by: White, Scalia, ThomasConcurrence/dissent by: ScaliaJoined by: Rehnquist, White, Thomas

  8. Maher v. Roe (1977) • Majority opinion by Powell, joined by Burger, Stewart, White, Rehnquist, Stevens • Concurrence by Burger • Dissent by Brennan, joined by Marshall and Blackmun • Dissent by Marshall • Dissent by Blackmun, joined by Brennan and Marshall

  9. Harris v. McRae (1980) • Majority by: StewartJoined by: Burger, White, Powell, RehnquistConcurrence by: WhiteDissent by: BrennanJoined by: Marshall, BlackmunDissent by: MarshallDissent by: BlackmunDissent by: Stevens

  10. Stenberg v. Carhart (2000) • Majority by: BreyerJoined by: Stevens, O'Connor, Souter, GinsburgConcurrence by: StevensJoined by: GinsburgConcurrence by: O'ConnorConcurrence by: GinsburgJoined by: StevensDissent by: KennedyJoined by: RehnquistDissent by: ScaliaDissent by: ThomasJoined by: Rehnquist, Scalia

  11. Gonzalez v. Carhart (2007) • Majority by: KennedyJoined by: Roberts, Scalia, Thomas, AlitoConcurrence by: ThomasJoined by: ScaliaDissent by: GinsburgJoined by: Stevens, Souter, Breyer

  12. Germany • FCC Abortion I Case, 39 BVerfGE 1 (1975) – considered constitutionality of Abortion Reform Act 1974 • Objective Order of Values

  13. Second German FCC Abortion Decision • Abortion II Case,88 BVerfGE 203 (1993) – considered Abortion Reform Act of 1992

  14. Canada • Morgentaler v. the Queen [1976] 1 SCR 1 • Morgentaler v. the Queen [1988] 1 S.C.R. 30 (after Charter) • R. v. Morgentaler [1993] 3 S.C.R. 463

  15. Canada • Tremblay v. Daigle [1989] 2 SCR 530

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