FUNDAMENTAL RIGHTS

Question 1

Fundamental Rights

Answer 1

Regulations that burden fundamental rights are subject to strict scrutiny

• Fundamental Rights include:
• Right to interstate travel (right to foreign travel is subject to the rational basis test),
• right to vote,
• right to privacy (1. family autonomy - marriage divorce, custody, child rearing and 2. reproductive autonomy - procreation, sexual relations, contraception, abortion),
• right to refuse medical treatment

Question 2

Abortion - Pre-Viability (a fetus becomes viable at six to seven months)

Answer 2

The government may regulate but not prohibit abortion. The regulation must not place an undue burden on a woman’s right to an abortion. A law is an undue burden if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability

Question 3

Abortion - Post-Viability

Answer 3

The government may regulate and prohibit abortion once the fetus reaches viability. However, the government must provide an exception to preserve the health or life of the mother