LEGALST 39D Lecture Notes - Lecture 3: Strict Scrutiny, Rational Basis Review, Fetus
20 Sep 2016
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Bill of rights (limits government, not give you rights: enumerated rights, 9th amendment unenumerated rights. 14th amendment: incorporation of bill of rights to the states (limitation on states, instead of congress shall not abridge your right to speech, it is. Government shall not abridge your right to speech: substantive due process: no amount of process can take away your rights. If it is fundamental right apply the strict scrutiny test. If it is not a fundamental right apply the rational basis test. Burden on the individual to prove that the government does not have a rational basis. Right to privacy: based on griswold and olmstead: not about doing things in private, but about having control over our decision, determine sense of self, not an absolute of right. State"s interests: (1) women"s protection: remains constant throughout the pregnancy, (2) protect potential life: grows as the women carries the fetus to term.
