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Poe v. Ullman, 367 U.S. 497 |
Supreme Court of the United States |
1961 |
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Chapter |
1 |
Title |
The Federal Judiciary Power |
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Page |
66 |
Topic |
Ripeness and Mootness |
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Quick Notes |
The fact that Connecticut has not chosen to press the enforcement of this statute deprives these controversies of the immediacy which is an indispensable condition of constitutional adjudication |
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Book Name |
Constitutional Law : Chemerinkski |
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Issue |
o Whether enforcement of a statute is a required condition of constitutional adjudication? Yes. |
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Procedure |
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Trial |
o Statutes was applicable to married couples. |
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State S.Ct |
o The State Supreme court held that the statutes were applicable to married couples |
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US S.Ct |
o Dismissed |
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Facts |
Discussion |
Key Phrases |
Rules |
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Pl Poe Df Ullman Party Description o Patients and doctors challenge the constitutionality under the Fourteenth amendment over a Connecticut statute that prohibits the use of contraceptive devices and giving of medical advice in the use of such devices. State Supreme Court o The State Supreme court held that the statutes were applicable to married couples even under claim that conception would constitute a serious threat to the help or life of the female spouse. Husband and Wife Complaint o Paul and Pauline Poe. o Mrs. Poe had three consecutive pregnancies in which the infants died due to genetic abnormalities. o Their doctor, Dr. Buxton, said or in order to prevent further psychological strain the best and safest medical treatment could be prescribed is advice in methods or preventing conception,. o The Poes have been unable to obtain this information for the sole reason that its delivery and use may or will be claimed by the defendant States Attorney to constitute offense against Connecticut law. Jane Doe o 25 year old house wife that suffered partial paralysis, speech impairment, and emotional instability. o Dr. Buxton also believes that the best and safest treatment is contraception. US Supreme Court o
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Dr. Buxton seek declaratory judgment [Justice Frankfurter, Chief Justice, Justice Clark, and Justice Whittaker] o He asks that the Connecticut statutes be adjudged unconstitutional, as depriving him of liberty and property without due process.
Supreme Court o The appellate seeks to justify the exercise of our declaratory power by the treath of prosecution.
Rule o The mere existence of a state penal statute would constitute insufficient grounds to support a federal court's adjudication of its constitutionality in proceedings brought against the State's prosecuting officials if real threat of enforcement is wanting
Court Statutes is not Being Enforced o The fact that Connecticut has not chosen to press the enforcement of this statute deprives these controversies of the immediacy which is an indispensable condition of constitutional adjudication.
Cannot umpire harmless debates o This Court cannot be umpire to debates concerning harmless, empty shadows. o To find it necessary to pass on these statutes now, in order to protect appellants from the hazards of prosecution, would be to close our eyes to reality..
DISSENT [Justice Douglas] o We should not term them away and make flout the law and get arrested to have their constitutional rights determined. o They are entitled to an answer to their predicament. |
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Rules |
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Rule o The mere existence of a state penal statute would constitute insufficient grounds to support a federal court's adjudication of its constitutionality in proceedings brought against the State's prosecuting officials if real threat of enforcement is wanting |
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Class Notes |
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