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Constitutional Law Keyed to Cohen
Rust v. Sullivan
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Title X of the Public Health Service Act (the Act) was enacted by Congress to provide federal funding for family-planning services. In 1988, the Secretary of Health and Human Services (the Secretary) outlined more specific guidance as to how the funds were to be used and that abortion was not to be considered a method of family planning, acceptable to the use of the funds. The Petitioners, Rust and others (Petitioners), brought suit, seeking injunctive relief against the implementation of the regulations, based on their First Amendment constitutional rights to political expression. They felt that the Act was unconstitutional because they suppressed their abilities to proscribe treatments, which aligned with their own political views. The District Court granted summary judgment for the Department of Health and Human Services and the Second Circuit Affirmed. The Supreme Court of the United States (Supreme Court) granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.