GOV 357M Paper 1 - February 28, 2008 GOV 357M Professor...

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February 28, 2008 GOV 357M Professor Jacobson BARBARA HALE v. SACRED HEART HOSPITAL In question here is the constitutionality of the first three sections of the Colorado Senate Public Health and Welfare Committee’s 1995 Women and Fetal Health Protection Act. In order for the plaintiff, Barbara Hale, to prevail she must prove that the passage of the contents in said act are unconstitutional. The argument in question of constitutionality is that the statute violates women’s liberty of contract allowing them to practice their chosen profession. The attorney of the plaintiff Mr. Ray Collins, contends, “The state had unreasonably constrained Hale’s liberty of contract and occupation by conditioning it exercise on not becoming pregnant.” The plaintiff’s attorney also makes the claim that the actions also hinder her liberty to have complete power of decision-making and control of the plaintiff’s body. In regards to the to the issues not effected by the plaintiff’s pregnancy, Section 1 and Section 2 the plaintiff’s attorney Mr. Ray Collins contends that the Women and Fetal Health Protection act “also violated her liberty of contract by imposing a five-year limitation on how long she could be a member of her chosen profession.” In review, this court overturns the decision of the U.S. Circuit Court of Appeals on Section 1 and Section 2 reverting back to the original judgment of the Colorado U.S. District Court judgment rendered by Judge William Talbert. We find Section 1 and
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Section 2 to be a complete violation of the rights of Barbara Hale and other women rendering the statue passed by the Colorado state legislature unconstitutional. Also in review we find Section 3 to be entirely constitution, as did the U.S.
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GOV 357M Paper 1 - February 28, 2008 GOV 357M Professor...

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