Iii principle that the state has legitimate interests

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iii. Principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. b. Constitutional protection of the woman’s decision to terminate her pregnancy derives from the Due Process Clause of the 14th Amendment. The controlling word is liberty. i. Fundamental because: of the importance of the choice and the intrusion in forcing a woman to remain pregnant against her will. c. “Whenever it may occur, the attainment of viability may continue to serve as the critical fact…” i. Get rid of the trimester approach. d. “It does not at all follow that the State is prohibited from taking steps to ensure that this choice is thoughtful and informed.” e. Test : “Only where state regulation imposes an undue burden on a woman’s ability to make this decision does the power of the state reach into the heart of the liberty protected by the Due Process Clause.” i. A finding of an undue burden is a shorthand for the conclusion that a state regulation has the purpose or effect of placing a substantial obstacle 23
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in the path of a woman seeking an abortion of a nonviable fetus.” f. “To promote the State’s profound interest in potential life, throughout pregnancy the State may take measures to ensure that the woman’s choice is informed, and measured designed to advance this interest will not be invalidated as long as their purpose is to persuade the woman to choose childbirth over abortion.” g. Actual regulations at issue: i. Informed consent: the 24 hour waiting period is constitutional. However, in theory it’s ok, but in practice it can be an undue burden. ii. Husband waiver: undue burden iii. Record keeping: constitutional iv. Parental consent: constitutional f. Right to Die i. Washington v. Glucksberg , 1997 1. Facts: Ps are challenging Oregon’s statute which criminalizes assisting suicide. 2. Issue: Does this violate the Due Process Clause of the 14th? 3. Holding : No. a. Reject comparisons to Cruzan (allows the refusal of unwanted lifesaving treatment provided there is clear and convincing evidence of intent). b. “Centuries” of legal doctrine and practice dictate the holding. c. Statutes forbidding assisted suicide implicate a number of state interests: i. Preservation of human life ii. Protecting vulnerable groups from abuse, neglect, and mistakes. iii. The state may fear this will lead to euthanasia (both voluntary and involuntary). d. Discuss how this differs from palliative care because in that case the underlying intent is to treat the underlying disease/ailment. ii. Vacco v. Quill , 1997 1. Facts: Decided at the same time as Glucksberg . Ps challenge NY’s statute that outlawed assisted suicide under Equal Protection.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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