Details

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 decisisin the Lawrence v. Texas andBowers v. Hardwick cases?

Write a 5–6 page paper on the topic above and include the following:

• 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.
• Use specific references in their paper to support their position.

Please note that the U.S. Constitution, and particularly the Bill of Rights, brings a philosophical perspective that has helped to shape constitutional law in the United States that should not be overlooked in this assignment.