Due Process Hypotheticals
1. The State of Stone has enacted a
law for the purpose of informed consent that requires a woman seeking
an abortion to first undergo a fetal sonogram, listen to the heartbeat
of the fetus, and listen to her physician explain to her the sonogram
images. A woman may decline to view the images of the fetus or hear the
heartbeat, but she may not decline to receive an explanation of the
sonogram images unless she certifies that her pregnancy falls into one
of three statutory exceptions. The three exceptions are (1) pregnancy
as a result of rape or incest which has been reported or, if it has not
been reported, was not reported because the woman reasonably risks
retaliation resulting in serious bodily injury, (2) a minor taking
advantage of judicial bypass procedures to avoid parental notification,
or (3) a fetus with an irreversible medical condition or abnormality.
If seeking to avoid the description of the sonogram images, the woman
must indicate within which exception she falls.
Does the law impose an undue burden?
2. The State of Stone is concerned
that there has been a substantial
decline in its population due to the fact that fewer married couples
are having children. Upon investigation, the State has learned
that one significant contributing factor to the decline is an increase
in the number of men who are undergoing vasectomies. There are
two commonly used methods of performing a vasectomy, V/E and V/X. Both
methods are as likely to be successful, and both methods have some
potential side effects, but V/E is 10% more likely to produce impotence
than V/X. To impress upon men the importance of fatherhood, the
State of Stone has banned the use of the V/X method while continuing to
permit the V/E method.
Is the ban on the V/X method of performing a vasectomy constitutional?