Editing Constitutional Liberties
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 1,231: | Line 1,231: | ||
Reasoning: A law with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion imposes an undue burden on a woman’s right to have an abortion and is unconstitutional. Under Planned Parenthood v Casey, states can impose limited restrictions on abortions that ensures the safety of the patient, but these restrictions cannot unduly burden the patient’s right to have an abortion. In this case, the district court did not err that the laws were Unconstitutional. | Reasoning: A law with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion imposes an undue burden on a woman’s right to have an abortion and is unconstitutional. Under Planned Parenthood v Casey, states can impose limited restrictions on abortions that ensures the safety of the patient, but these restrictions cannot unduly burden the patient’s right to have an abortion. In this case, the district court did not err that the laws were Unconstitutional. | ||
===== | ===== Gonzales v Carhart ===== | ||
Facts: In November 2003, President Bush signed into law the Partial-Birth Abortion Ban Act. The PBABA prohibited “intact dilation and evacuation” (intact D&E), a particular manner of ending fetal life in the second trimester whereby a surgeon killed the fetus by dilating the mother’s cervix, and pierce the fetus’ head with scissors, and using suction to extract the fetus from the Uterus. Dr. Leroy Carhart, a physician that performed this procedure brought suit in federal district court against AG Alberto Gonzales based on the Constitutionality of PBABA. | Facts: In November 2003, President Bush signed into law the Partial-Birth Abortion Ban Act. The PBABA prohibited “intact dilation and evacuation” (intact D&E), a particular manner of ending fetal life in the second trimester whereby a surgeon killed the fetus by dilating the mother’s cervix, and pierce the fetus’ head with scissors, and using suction to extract the fetus from the Uterus. Dr. Leroy Carhart, a physician that performed this procedure brought suit in federal district court against AG Alberto Gonzales based on the Constitutionality of PBABA. | ||
Rules: Congress may ban a specific type of partial-birth abortion provided its restrictions on the practice are narrow and clear and the ban does not constitute an undue burden on a woman’s right to an abortion | Rules: Congress may ban a specific type of partial-birth abortion provided its restrictions on the practice are narrow and clear and the ban does not constitute an undue burden on a woman’s right to an abortion | ||
Reasoning: Before viability, a state cannot prohibit any woman from getting an abortion. Additionally, a state cannot impose upon this right an undue burden. An undue burden exists if the purpose or effect of a regulation is to place a substantial obstacle in the path of a woman seeking an abortion before viability. However, a regulation that merely creates a structural mechanism in which the state, or the parent, guardian or a minor, can express profound respect for the life of the unborn is permitted if the regulation is not a substantial obstacle. | Reasoning: Before viability, a state cannot prohibit any woman from getting an abortion. Additionally, a state cannot impose upon this right an undue burden. An undue burden exists if the purpose or effect of a regulation is to place a substantial obstacle in the path of a woman seeking an abortion before viability. However, a regulation that merely creates a structural mechanism in which the state, or the parent, guardian or a minor, can express profound respect for the life of the unborn is permitted if the regulation is not a substantial obstacle. | ||
==== Constitutional Protection for Medical Care Decisions ==== | ==== Constitutional Protection for Medical Care Decisions ==== |