2.27-3.5 Con Law

2.27-3.5 Con Law - 2/27/08 o states can regulate abortions...

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2/27/08 o states can regulate abortions for underage women if there is an alternative procedure where they can go to a judge. o Page 901- Pelotti- Parental consent- as long as there is a judicial “body pass” Bottom of 903 o Is this a desirable approach? Supporters would say any surgical procedure requires parental consent… so consent for abortion is consistent with current procedure what about going to the judge? What about the judges that believe it is always in a minor’s best interest to get an abortion, and some are morally opposed. Is there an undue burden because the minors are intimidated? Must put financial strain on the minor ? must get a lawyer etc… minors are more disposed to seek a later term abortion- can’t really use abortion pill Laws prohibiting partial birth abortion: o Gonzales vs. Carhartt- p 143 of supplement Stenberg vs. Carhartt- 2000 Nebraska law prohibiting partial birth abortion, ending the life of the fetus outside of the uterus Thought to be safer in certain stages of pregnancy because it does not leave dangerous material inside the uterus Iffy because it is nearing viability o Safer to remove it rather than dismember it in the uterus. Justices said that the government can’t prohibit the safest form of abortion, because by doing so then it would keep women from the safe form of abortion and thus put an undue burden on their ability to receive an abortion. Did not have a health clause o If they prohibit this, then they would potentially prohibit future abortions. o 5-4 majority in 2003, Congress passed Federal Partial Birth Abortion Ban- Bush signed into law.
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Some people say there is no such thing as partial birth abortion and that it was a creation of pro-lifers There is no health exception, but a life exception, only if the woman’s life is in danger. Three federal courts of appeals struck down partial birth abortion Supreme Court 5-4 in Gonzales upheld the partial birth abortion ban. O’Connor, who was the swing vote, left the court. Alito took over Alito, Scalia, Thomas, Roberts, Stevens Souter, Kennedy, Ginsberg, Breyer Constitutional because does not put an undue burden, because its not facially unconstitutional and not a burden on most women. – usually says unconstitutional if a law is burdensome to SOME women. Requirement for Spousal notification is for SOME women, and they said that is unconstitutional Also a rhetorical shift- refers to the fetus as the “unborn child” P 140- suppl. Ginsberg read a dissent from the bench, very uncommon to read a dissent from the bench. – much more willing to allow government regulation of abortion. Government has a Constitutional Duty to pay for abortions?
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This note was uploaded on 04/20/2008 for the course POLI SCI 1 taught by Professor Charney during the Spring '08 term at Duke.

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2.27-3.5 Con Law - 2/27/08 o states can regulate abortions...

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