August 2017

Thoughts on Meyer v. Nebraska and its connection to Griswold v. Connecticut

In the 1923 case of Meyer v. Nebraska, which grew out of the anti-German sentiment of World War I, the Supreme Court “upheld the right of parents to direct the upbringing and education of their children by striking down … a state statute prohibiting the teaching of any modern language other than English in any public or private grammar school.” How does this relate to Griswold v. Connecticut, which created a “right to privacy” (at least in terms of marital relations)?

July 2015

Privacy, liberty, dignity: Kennedy in Obergefell

Kennedy took a fascinating approach to discussing fundamental rights in Obergefell, making an argument that combined substantive due process with equal protection. To do this, he moved away from “privacy,” used in many of the cases he cited, to “dignity” and “liberty.” Using the term “liberty” instead of “privacy” (as in Griswold and Roe v. Wade) when discussing issues of […]