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?