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Poe v. Ullman

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Constitutional Law Keyed to Chemerinsky

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Bloomberg Law

Citation. 367 U.S. 497, 81 S. Ct. 1752, 6 L. Ed. 2d 989, 1961 U.S.

Brief Fact Summary. The Appellants, several couples and their physician (Appellants), brought suit, seeking the overturn of a Connecticut statute prohibiting the use of contraceptive devices and the giving of medical advice on the use of such devices.

Synopsis of Rule of Law. A penal statute is not ripe for constitutional challenge unless it is enforced by the state enacting the statute.


Facts. The Connecticut Supreme Court of Errors construed a state penal statute as prohibiting the use of contraceptive devices and the giving of medical advice on their use. Appellants included a couple who had several pregnancies result with severely abnormal progeny which died shortly after birth, a couple whose wife had experienced a severely traumatic pregnancy and their physician, who believes the safest course of treatment for the couples includes using contraceptive devices.

Issue. Is the petitioners’ claim ripe for judicial review?

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