criminal

A detailed Summary of criminal

1. Summarization of the holding in Roe v. Wade.

The court does not authorize a direct appeal when there is the pursuit of only declaratory relief. The court does review the case, on appeal, because there is no reason not to if the seeking of relief when the case is properly before the Court on appeal from specific denial of injunctive relief and the arguments as to both injunctive and declaratory relief are necessarily identical (Mason and Stephenson, p. 578) Contrary to appellee's contention, the natural termination of Roe's pregnancy did not moot her suit.

The court suggests in its holding that the complaint The Does' complaint, based as it is on contingencies, any one or more of which may not occur, is too speculative to present an actual case or controversy. (Mason and Stephenson, p. 573)

Another holding is that the state does not have authority over the women's right to make decision about her own body.

State criminal abortion laws protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. The State cannot override that right. (Mason and Stephenson, p. 574)

While -the State has legitimate interests in protecting both the pregnant woman's health and the "

American Constitutional Law, New York: Simon & Shuster, 1999

potentiality of human life", each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term. The court organizes the information according to the trimester of the examined pregnancy:

II. The Constitution is made for people of fundamentally

Planned Parenthood v. Casey, 505 U.S. 833 (1992) the Court. (5-4) Upheld a 24-hour waiting period, an informed consent requirement, a parental consent provision for minors and a record keeping requirement, while striking down the spousal notice requirement of a Pennsylvania statute. The court overturned its trimester framework and its "strict scrutiny" standard of review, in favor of a new "undue burden" standard, proposed by Justice 0' Connor, and a floating viability line where the state's interest in fetal life becomes "compelling." (Lurie, p. 327)

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III. The law can be forcibly antiseptic. However, this is

Some common words found in the essay are:
Mason Stephenson, Supreme Court, Parenthood Casey, Roe Wade, Fourteenth Amendment, II Constitution, , United Primarily, mason stephenson, due process, Simon Shuster, Constitutional Development, roe wade, mason stephenson 574, human life, chooses regulate, lurie 327, american constitutional, abortion procedure, pregnant woman's, holding roe wade, potentiality human life, supreme court,

Approximate Word count = 863
Approximate Pages = 3 (250 words per page double spaced)

Category: Miscellaneous

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