ConLaw Class 23 – Individual Liberty II

April 9th, 2015

The lecture notes are here. The live chat is here.

Individual Liberty II

  • Eisenstadt v. Baird (1494-1500).
  • Roe v. Wade (1500-1516).
  • Planned Parenthood v. Casey (1516-1540).
  • Notes (1540-1544).

Eisenstadt v. Baird

This is William Baird, who went to jail eight times in five different states for giving contraception to unmarried people.




This is “Emko Vaginal Foam,” the product Baird distributed that got him arrested.

This ad says “Emko… used by more woman than any other non-prescription birth control product.” Note the model is wearing a wedding ring.


This ad shows a father with a (much younger) mother, and a young baby, with the headline “3 reasons for spacing your children.” Below, it says “When the family is spaced with the help of Emko foam, mother has time to regain her vim and vigor, baby gets the abundant love he can thrive on . . .  and dad gets a break. Expenses are stretched out to where he can handle them with a smile.”




Roe v. Wade

This is Norma McCorvey (“Jane Roe”) protesting outside the Supreme Court in 1989 with her lawyer, Gloria Allred, after arguments in Webster v. Reproductive Health Services.




Here is McCorvey in 1985.


Roe didn’t even make top billing in the Times. LBJ died on decision day.


In 1996, McCorvey came out as opposing abortion. She noted that she lied in affidavits submitted to the Supreme Court, and she was never raped, let alone gang raped.

Here is the portrait of Taney that Scalia references in his Planned Parenthood dissent: