Index Cards Midterm 2

Index Cards Midterm 2 - Right to Privacy General Notes...

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Right to Privacy General Notes Fundamental Rights get strict scrutiny: Compelling governmental interest, narrowly tailored to achieve goal in the least restrictive way possible. Rational Basis: Default level of scrutiny. Rationally related to a legitimate governmental interest. 14 th Amendment: Due process clause prohibits state and local governments from depriving a person of life, liberty, without taking certain steps to guarantee fairness. Griswold v. Connecticut (1965) Right to purchase and use contraceptives – Strict Scrutiny Created the implicit Constitutional right to privacy. Court recognizes there is no expressed right to privacy. State law banned contraceptives and prohibited counselors from providing of information regarding birth control. Court ruled unconstitutional and that right to privacy was protected by the due process clause of the Fourteenth Amendment. Where fundamental personal liberties are involved, the state must show more than just a rational basis for the law. Due Process violation. The government had to prove there was a “compelling state interest tailored to the least restrictive means”. Strict Scrutiny Roe v. Wade Texas law criminalized abortion unless mother’s life was in danger. Established the right to privacy through liberty clause in 14 th Amendment. Sliding scale. First trimester the woman is free to abort. Second trimester the state has a more legitimate interest. Third trimester after viability state has a compelling interest of protecting the unborn child. The level of scrutiny increases as the viability of the child living outside of the womb. There is no specific line in the sand. During the first trimester, the state does not have a large enough state interest to regulate. Once viability is reached, the state government may restrict abortion. The state must show a compelling state interest to limit the liberty of the freedom to abort a pregnancy, not just a legitimate one.
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When fundamental rights are involved, the state must show a compelling state interest. Trimester framework established. Akron v. Akron Center for Reproductive Health (Dissenting Opinion) Planned Parenthood v. Casey State law required informed consent, 24 hour waiting period and parental consent for minors. Married women had to indicate she informed her husband. Do these requirements violate the Roe v. Wade guarantee? Undue burden Test: If the law places a substantial undue burden on a women’s ability to seek abortion pre-viability it is unconstitutional. Court rejected required spouse informal. Rejected Roe v. Wade framework and adopted Undue Burden Standard. Uses “undue burden test” instead of strict scrutiny as in Roe v. Wade. Stenberg v. Carhart
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This note was uploaded on 04/16/2011 for the course POSC 444 taught by Professor Auerbach during the Spring '11 term at USC.

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Index Cards Midterm 2 - Right to Privacy General Notes...

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