The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: March 1-2, 1961
Decision: Monday, June 19, 1961
Issues: Judicial Power, Standing to Sue, Justiciable Question

Advocates

Raymond J. Cannon (Argued the cause for the appellee)
Fowler V. Harper (Argued the cause for the appellants)
Harriet Pilpel (Argued the cause for the Planned Parenthood Fed. of America, as amicus curiae, urging reveral)

Facts of the Case

An old Connecticut law prohibited the use of contraceptive devices and the giving of medical advice in the use of those devices. The law also applied to married couples. The Connecticut Attorney General threatened to enforce the law against three individuals in this case including Jane Doe (Doe v. Pullman). Mrs. Doe, having recovered from a tough pregnancy which threatened her life and left her with several emotional and physical disabilities, was informed by her physician that any additional pregnancies could be fatal. She challenged the Connecticut law since it criminalized her use of contraceptives.

Question

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

Conclusion

The Court chose to dismiss the case because it involved the threatened and not actual application of the Connecticut law. Since the statute had been on the state's books for over three-quarters of a century without ever having been enforced, the Court found no sense of "immediacy which is an indispensable condition of constitutional adjudication."

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for Ullman, 4 vote(s) against
Voted with the majority
Warren
Wrote a dissent
Black
Wrote the judgment of the Court
Frankfurter
Wrote a dissent
Douglas
Voted with the majority
Clark
Wrote a dissent
Harlan
Wrote a special concurrence
Brennan
Voted with the majority
Whittaker
Wrote a dissent
Stewart
Judgment of the Court by Justice Felix Frankfurter

Cite this page

The Oyez Project, Poe v. Ullman, 367 U.S. 497 (1961),
available at: <http://www.oyez.org/cases/1960-1969/1960/1960_60/>
(last visited ).