LEGALST 39D Lecture Notes - Lecture 4: Rational Basis Review, Strict Scrutiny, Child Prodigy
26 Sep 2016
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Document Summary
If you have a right to die, then you have a right to have someone assist in your death. Ca created a structure that ensures a process of true consent of the person (2 unrelated persons, 15 days waiting period) Fundamental or not important question because it determines whether the court uses the strict scrutiny or rational basis test. Accident, parent wanted to decide to take nancy off life support. Missouri: no, you cannot, standard is clear and convincing evidence , need higher burden. Balance interests: (1) cruzan"s right to self determination, (2) state"s interest preservation of life, 3rd parties, medical ethics and integrity. Constitution protects right to life but not right to death. Critain: this was a crime to take your life because serfs were considered property of the king killing yourself is the deprivation of the king"s property. 14th amendment personal autonomy: row: women"s personal autonomy covers the decision to have an abortion.
