choose, not about the right to actually have an abortion ( whether you can afford it is not the court's problem)the indigent argument◊Where don’t you find this?--Substantial burden on woman's right to choose?--yes! It effects the woman's right to choose;□Constitutional?-- no; Hypo:( Fetal heartbeat hypo) law requires woman to get ultrasound & hear fetal heartbeat before getting the abortion establishing medical regulations & not letting tax payers money pay for the procedure is okay;□Its not about right to have abortion in least costly manner as possible,it's about having the unfettered right to have the abortion□Constitutional?-- yesHypo: states decide that no public doctor can perform an abortion because they don’t want to allow abortions--"Is the purpose or effect of law ( to explain pain theory to woman)places a substantial obstacle on woman who want abortion?"◊Purpose--Tries to slow down woman's right to choose;•Effect-- does just that •YesThe purpose is just want to inform the woman of what could happen to the fetus; •It's not their fault if the effect is to actually slow down abortions The Fetal Heart beat theory•Not yesMust decide if there is an undue burden?Yes & not yes□Constitutional?Hypo: (The pain theory)-- Law limits woman's right to have abortion after 20 weeks unless woman is informed about the pain the fetus feels during the abortion; law makes a requirement that woman pay for pain killers to be injected into fetus from painNo□if clinics close then that creates a "substantial obstacle" against the woman's right to choose Undue burden?-- yes; □Constitutional?Hypo:(Regulate the procedure theory)-- only certain people can get abortions & other clinics can't allow abortions there OUTLINE Page 38
right to choose _________________________________________________________________________________Webster v. Reproductive Health Services(1989)(pg 360)Plurality: Rehnquist, White, KennedyConcurrence: O'Connor, ScaliaMissouri statute declared t that life begins at conception & prohibited use of government funds or facilities to perform, encourage or counseling a woman to have an abortion•Facts:Supreme Court upheld the Roe holding but without a majority opinion; •abandoned the Trimester Approach.•Holding: expression of the state's view that life begins at conception does not regulate abortion •restricting government funds placed no substantial obstacles in the path of a woman who chooses to terminateher pregnancy. •State allowed to show a preference for child birth so long as it does not actively restrict the right to choose an abortion.•Rationale: (Plurality--Rehnquist, White, Kennedy)-Scalia wants to explicitly overrule Roe v. Wadeand criticizes the plurality for not doing so.•Concurrence: O'Connor & Scalia A woman only has a right to choose an abortion not the right to have an abortion. The fact that one is not conveniently accessible or affordable is irrelevant.
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