Poe v. Ullman

Facts of the case

Paul and Pauline Poe, a married couple, decided to use contraceptives to prevent a fourth pregnancy after their first three children had died in infancy. Another woman, Jane Doe, sought to obtain access to contraceptives in order to forestall a second pregnancy that could be life-threatening. Since the late 1800s, Connecticut had prohibited the distribution and use of medical advice on contraceptives, although these laws were not regularly forced. The Poes and Doe argued that the laws violated the Fourteenth Amendment.

Question

Did the Connecticut law violate liberty protected by due process of the Fourteenth Amendment?

Conclusion

The plurality opinion, authored by Justice Frankfurter, chose to dismiss the case because it involved the threatened and not actual application of the Connecticut law. Since there was no immediate injury, there was no standing to confer jurisdiction.

In his dissent, Justice Douglas argued that the plaintiffs should not be forced to break the law to get this vital information, even though the statutes are not regularly enforced. Courts should not require an actual arrest or prosecution before they review the constitutional rights at issue.

Supreme Court of the United States

367 U.S. 497, 6 L. Ed. 2d 989, 81 S. Ct. 1752, SCDB 1960-130, 1961 U.S. LEXIS 1953

No. 60

1961-06-19

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