Procreation Written Assignment

Description

Your assignment is to analyze the following hypothetical statute and explain based on what you have learned in class whether you think the statute as a whole or in parts is or is not likely to be found constitutional by the United States Supreme Court.   Said differently, how do you think the United States Supreme Court will rule on whether this hypothetical statute is constitutional or not. I am not asking you to tell me how they should rule.  I am asking you to tell me how they will rule based on the previous U.S. Supreme court decisions.  Your submission should be double spaced not less than 1000 words and no more than 2500.  However, I would caution you to be thorough, explain your reasoning and where appropriate to explain competing points of views. Whether you find or conclude the statute is or is not constitutional is not material to me.  Your explanation of and your understanding of the case materials as well as how you express your conclusions and thought process is what is important.    Assignment The following is a hypothetical statute that has been recently enacted by the California Legislature. The law has been signed by the Governor and thus is currently in effect.  A group of individuals have decided to challenge this state statute and they have filed a lawsuit in federal court asserting that the statute violates the U.S. Constitution as interpreted by the U.S. Supreme Court.  How is the U.S. Supreme Court likely to rule? Explain your reasoning.  In this new abortion statute, the California State Legislature declared that It is the public policy of the state to discourage pregnant women from having abortions. The state statute permits a woman to have an abortion prior to the time of viability. However, the statute prohibits abortions after the fetus has become viable. That all abortion procedures must be performed by at least two physicians licensed to practice medicine in the State of California.  No abortion may be performed by just a single physician. The statute provides that no state or taxpayer funds may be used to pay for any abortion procedure. All individuals that obtain an abortion must use their private funds and/or insurance. The statute also directs state officials to conduct a media campaign in an effort to discourage pregnant women from having abortions. The statute appropriates funds from state tax revenues to pay for this media campaign. In accordance with the new statute, the California State Department of Health will use state tax revenues to put large signs on freeway billboards throughout the state. Those billboard signs are to include a large picture of a fetus together with the words, “Don’t kill your Baby.” Regardless of the stage of pregnancy, no abortion may be performed until the expiration of a 96-hour waiting period. The 96-hour waiting period will begin at the time of the patient’s first visit in person to the facility at which the abortion will be performed. However, the requirement of this section does not apply in cases of a medical emergency. Any healthcare provider who knowingly performs any abortion procedure shall comply with the following:    In order for the woman to make an informed decision, at least one (1) hour prior to a woman having any part of an abortion performed or induced, and prior to the administration of any anesthesia or medication in preparation for the abortion on the woman, the physician who is to perform or induce the abortion, or the certified technician working in conjunction with the physician, shall:  Perform an obstetric ultrasound on the pregnant woman in order to display the embryo or fetus more clearly;  Provide a simultaneous explanation to the patient of what the ultrasound is depicting;  Display the ultrasound images so that the pregnant woman may view them;  Provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus, the presence of cardiac activity, if present and viewable, and the presence of external members and internal organs, if present and viewable; Make available to the pregnant woman a counselor from the California Right to Life Organization to answer any questions;     Obtain a written certification from the woman, prior to the abortion, that the requirements of this subsection have been complied with; and Retain a copy of the written certification in the medical file of the woman for a period of not less than seven (7) years Neither the physician nor the pregnant woman shall be subject to any penalty if she refuses to look at the presented ultrasound images. Abortion may only be performed in a Hospital licensed by the State of California which shall have available all standard emergency medical equipment required of hospitals.     No abortion may be performed in this state if the abortion is sought for the purpose of sex selection (e.g. a patient desires to give birth to a girl and chose to have an abortion after she learned she was having a boy.)   No abortion may be performed on a woman who is under 18 years of age unless the physician who will perform the abortion obtains the prior written consent of one parent or guardian of that woman.  However, the requirement of this section does not apply in cases of medical emergency. In addition, this requirement does not apply to minors who have been legally emancipated by a court. No abortion may be performed on a woman of any age without the express consent of the woman’s spouse or a certified statement under penalty of perjury that legally sufficient efforts to contact the patient’s spouse were unsuccessful. Any healthcare provider may refuse to participate in an abortion procedure if they have a personal objection to such participation.