U.S. Constitution

Part I
Read the U.S. Supreme Court decision in the following cases:

Bowers v. Hardwick, 478 U.S. 186 (1986)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=478&invol=186

Lawrence v. Texas, 539 U.S. 558 (2003)
http://supreme.jU.S.tia.com/U.S./539/558/case.html

Part II

What societal factors may have caused the U.S. Supreme Court to abandon the rule of stare decisis in the Lawrence v. Texas and Bowers v. Hardwick cases?

Outline the major societal arguments that influenced the U.S. Supreme Court decision in both cases and the subsequent reversal.
Identify specific examples to support your explanation.

Examine some of the specific arguments used by the Justices of the Supreme Court in the majority and dissenting opinions.

Include any philosophical underpinning that might have influenced the thinking of the judges on the court at the time both cases were being decided.

 

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