Due Process

Question 1

Analyzing Abortion

Answer 1

1. Casey:
   undue burden = strict scrutiny
   no undue burden = rational basis (rationally related to legitimate government purpose)
2. Gonzalez:
   rational basis - prohibiting a procedure
   alternatives exist, so no need for strict scrutiny or health exception

(Roe- trimester, compelling state interest starting in 2nd, ability to prohibit after viability/3rd)

Question 2

Right to Die

Answer 2

There is a right to refuse medical treatment, even if life-saving.

1. Cruzan:
   If incompetent, state may require clear and convincing evidence (heightened evidentiary standard)
2. Glucksberg:
   No guaranteed right to physician-assisted suicide
   Rational basis

Question 3

Consensual Sex

Right to Marry

Answer 3

Rational Basis +
State’s moral reasons are not enough
No undue burden/substantial obstacle against marriage

Question 4

Procedural Due Process

Answer 4

Must 1) give notice and 2) give opportunity to be heard before denying someone of life, liberty, or property

Is the government taking life, liberty, property in a fair manner?

Question 5

What are categories of property rights regarding due process?

Answer 5

1) traditional property (real, personal, intellectual, etc.)
2) government benefits and employment
- some protected interest being taken away, not a prospective interest

Question 6

Matthew v. Eldridge Balancing Test (PDP)

Answer 6

1) Strength of personal interest
(what interest, how is it harmed)

2) Possibility of erroneous deprivation/probable value of additional safeguards
(will it increase accuracy/fairness)

3) Government interest
(burdens and administrative costs)