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Uncommonly Silly Law Raises Court’s Super-Legislature Debate
An 1879 Connecticut law banning contraceptive use is ruled unconstitutional by the Supreme Court. The decision draws sharp critique over whether the court acts as a super-legislature, with Justices Douglas Black and Stewart dissenting on personal and policy grounds. The ruling hinges on interpretations of constitutional amendments and the court’s role in private moral decisions. The debate over judicial restraint and constitutional authority persists among lawyers and scholars.
MENTIONED IN THIS ARTICLE
Supreme Court
Connecticut
Stewart
Douglas
Black
Goldberg
Justice Black
Harlan