Substantive Due Process Flashcards
1
Q
What is the strict scrutiny standard?
A
Whether (1) the law is necessary for a compelling government interest and (2) least restrictive means
2
Q
What is the intermediate scrutiny standard?
A
Whether the law is substantially related to a legitimate government interest
3
Q
What is the rational basis standard?
A
Whether the law is rationally related to a legitimate government interest
4
Q
When are ballot access restrictions permitted?
A
When restrictions still permit serious candidates to reasonably comply
5
Q
What are limitations on state regulations of abortion?
A
States cannot impose an undue burden on the woman’s right to terminate pregnancy
6
Q
What types of state regulations on abortion are permitted?
A
- Informed consent
- 24h waiting periods
- Parental notification (but not consent)
