Sub due process ctd. Flashcards Preview

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Flashcards in Sub due process ctd. Deck (22):
1

Sub due process extrapolated from

privacy/liberty 1,3,4,5,9

2

fundamental rights are anchored

history: scheme of ordered liberty

3

in the circle

parental rights, edu, sexual intimacy provided, consensual no money no violence of age, marriage, contraceptives, travel, pro creation

4

Roe gave us

idea of viability and fundamental right

5

casey transfors to

womans health/rights case

6

casey says abortion is

qualified fundamental right

7

scotus has discretion of what is covered by

SDP

8

CASEY elimintated __ gave us__

trimester system from roe gave us undue burden test

9

undue burden test:

does law create undue burden on womans pre viability access to abortion

10

texas csi

reduce eliminate illicit sexual behavior, interest in reg medical procedure protecting pre natal life

11

texas issues

20 week viability standard
surgical clinic

12

when does state interst take orecedent over womans right

viability

13

ultimately casey says

undue burden is stnardard. viability remains benchmark.

14

Is infomred consent undue burden?

nope, has medical exception

15

24 waiting period undue burden?

nope

16

spousal consent undue burden

yes

17

undue burden if purpose/effect

places a substantial obstacle for a woman seeking pre viability abortion

18

law of if.. purpose is

health, safety, welfare of the woman

19

facial challenges are

most difficult

20

inside circle gets

ss

21

outisde circle gets

rb

22

abortion and 2a - circle

sraddle the line