Case Brief

Poe v. Ullman
U.S. Supreme Court, 367 U.S. 497 (1961)
Frankfurter, J.

Facts:

Paul & Pauleen Poe, appellants, have had 3 pregnancies resulting in children born with multiple
congenital defects, leading to death within 10 days after birth. The couple sought the best medical
treatment on advice of Dr. Buxton, who prescribed contraceptives to prevent another pregnancy
potentially injurious to the physical and mental well-being of the couple. The Poes decided to take
contraception.

Jane Doe, appellant, sought the best medical treatment from Dr. Buxton to prevent a second pregnancy
that may again be as life-threatening as her first resulting in partial paralysis and emotional instability.

Dr. Buxton, appellant, presenting similar facts with Jane Doe, asked for the Connecticut statutes
preventing him from giving advice on contraception to Jane Doe to be struck out as unconstitutional,
violating the 14th amendment of the U.S. Constitution.

The Connecticut Supreme Court of Errors sustained the motions to dismiss the cases, ruling that the cases
were not justiciable because the appellants were not formally charged by State Attorney Ullman in the
first place, they had no legal standing to sue.

Issue:

Were the Connecticut statutes prohibiting Dr. Buxton from giving contraception advice and his patients
from receiving the same unconstitutional in light of the 14 th amendment (deprivation of life & property)?

Rule:

The court sustained the dismissal of the Connecticut Supreme Court of Errors, citing that statutes that
have not been enforced cannot undergo judicial review for constitutionality.

The requisite of ripeness was not satisfied because the Connecticut statutes have not been enforced. There
is no precedent prosecution because the Connecticut Supreme Court of Errors also previously dismissed
State v. Nelson.