Sub due process ctd. Flashcards

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1
Q

Sub due process extrapolated from

A

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

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2
Q

fundamental rights are anchored

A

history: scheme of ordered liberty

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3
Q

in the circle

A

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

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4
Q

Roe gave us

A

idea of viability and fundamental right

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5
Q

casey transfors to

A

womans health/rights case

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6
Q

casey says abortion is

A

qualified fundamental right

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7
Q

scotus has discretion of what is covered by

A

SDP

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8
Q

CASEY elimintated __ gave us__

A

trimester system from roe gave us undue burden test

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9
Q

undue burden test:

A

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

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10
Q

texas csi

A

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

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11
Q

texas issues

A

20 week viability standard

surgical clinic

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12
Q

when does state interst take orecedent over womans right

A

viability

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13
Q

ultimately casey says

A

undue burden is stnardard. viability remains benchmark.

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14
Q

Is infomred consent undue burden?

A

nope, has medical exception

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15
Q

24 waiting period undue burden?

A

nope

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16
Q

spousal consent undue burden

A

yes

17
Q

undue burden if purpose/effect

A

places a substantial obstacle for a woman seeking pre viability abortion

18
Q

law of if.. purpose is

A

health, safety, welfare of the woman

19
Q

facial challenges are

A

most difficult

20
Q

inside circle gets

A

ss

21
Q

outisde circle gets

A

rb

22
Q

abortion and 2a - circle

A

sraddle the line