CAS PH 251 Lecture Notes - Lecture 10: Rational Basis Review, Fetus, Homicide
7 Aug 2018
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Purpose of texas antiabortion statuses: (in order to use in court of law, must have rational basis) To discourage elicit (illegal) sexual activity: no, not rational basis because sometimes married couples would want abortions too. To protect the health of mothers: no, births were actually more dangerous than having an abortion early on (therefore not a rational basis) Protect prenatal life: yes, this, however, is a legitimate interest, would pass rational basis. Other rights 9th amendment : rights that are reserved to the people (cid:402) this is pretty powerful, could be determined by ppl but states went more with 1 and 2 and left 3, so it substantive due process area. Early term abortion is safer than full term pregnancy. Many health risks (cid:403) career problems: demolish career, no preg leaves: strict scrutiny: Court asks: (cid:402) is there a compelling state interest? (cid:403)
