Unformatted text preview: 2) In Section II, what are the reasons Ely finds the court's argument not compelling? Hint: vagueness of viability and who should decide. 3) Does Ely agree with the finding that the fetus is not a person under the 14th Amendment? 4) If Ely were a legislator, would he agree with the Roe decision? 5) Where did the court find the "right to privacy?" 6) Does the Roe court find the "right to privacy" is absolute? 7) What does Ely note about the low representation of women in legislatures when it applies to this case? 8) In Section IV numerous references are made to an earlier case referred to as Lochner. You do not have to know the specific arguments, but what is the general issue at stake? Hint: Read the first two paragraphs in Section V. 9) What does Ely have to say about Roe being a sign of social progress? 10) Does Ely see Roe as a durable decision?...
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- Spring '08