Tileston v. Ullman
Encyclopedia

Procedural History

The Supreme Court of Errors Connecticut
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...

 held that §§ 6246 and 6562 of the Connecticut General Statutes of 1930 which prohibited the use of drug
Drug
A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a...

s or instruments to prevent conception
Conception
Conception, or a concept, is an abstract idea or a mental symbol.Conception may also refer to:* Conception, or fertilisation, the fusion of gametes to produce a new organism.* Conception , an album by Miles Davis...

 and the giving of assistance or counsel in their use were constitutional. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 assumed without first determining if the case was an appropriate one for a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...

, ruled that the statutes "prohibit the action proposed to be done" by appellant and "are constitutional."

Facts

Appellee claims that appellant, a physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...

, committed such an offense for giving professional advice concerning the use of contraceptives to three patients whose condition of health was such that their lives would be endangered by child-bearing
Childbirth
Childbirth is the culmination of a human pregnancy or gestation period with the birth of one or more newborn infants from a woman's uterus...

. The appellant contended that because of the nature of his patients' exceptional condition in light of the danger child-bearing could pose for them that this was a just reason for the advice to be authorized and necessary. However, his complaint contained no allegations asserting any claim under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

 of infringement of appellant's liberty of his property rights. The relief prayed was a declaratory judgment as to whether the statutes are applicable to appellant and, if so, whether they constitute a valid exercise of constitutional power "within the meaning and intent of Amendment XIV of the Constitution of the United States prohibiting a state from depriving any person of life without due process of law."

Significance

The sole constitutional attack upon the statutes in question are under the Fourteenth Amendment and confined the physician's contention for depravity of life—not appellant's but his patients'. Thus, the life of the appellant himself is not in danger. No genuine case or controversy
Controversy
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of opinion. The word was coined from the Latin controversia, as a composite of controversus – "turned in an opposite direction," from contra – "against" – and vertere – to turn, or versus , hence, "to turn...

 essential to the exercise of the jurisdiction of the Court for this subject-matter existed until Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...

.

Holding

The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 held that the proceedings in the state courts presented no constitutional question which appellant has standing to assert. No question is raised as to the applicability and constitutionality of the statutes in their application to the physician in respect to deprivation of liberty or property in contravention of the Fourteenth Amendment. However, the court does not speak to whether it has jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 to enforce a law that prevents the use of contraceptives for the state of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

.
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