DIRECTIONS: Read the passage below before reading each of the ATTACHED handouts. The handouts should be the only material used and referenced for this assignment. Be sure to read the question at the very bottom and answer all of the questions. Please be sure to include SPECIFICS and DETAILS to support your comparisons. Also, please do not be overly-wordy. Please avoid using too many quotes, and focus on phrasing in your own words. Thank you!
Toward the beginning of the majority opinion in Griswold v. Connecticut (1965), Justice Douglas wrote: “Coming to the merits, we are met with a wide range of questions that implicate the Due Process Clause of the Fourteenth Amendment. Overtones of some arguments suggest that Lochner v. State of New York . . . should be our guide. But we decline that invitation as we did in West Coast Hotel Co. v. Parrish . . . We do not sit as a super-legislature to determine the wisdom, need, and propriety of laws that touch economic problems, business affairs, or social conditions. This law, however, operates directly on an intimate relation of husband and wife and their physician’s role in one aspect of that relation.”
Compare Lochner v. New York (1905) to Griswold v. Connecticut (1965). What is similar? What is different?