Bar Exam (US) Constitutional law: Question below is based on the following fact situation. A sta...

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Question below is based on the following fact situation.

A state legislature has enacted an abortion statute in an attempt to reconcile the conflicting interests involved when a woman chooses to terminate a pregnancy by abortion. The statute provides that during the first trimester of pregnancy, a woman's right to choose to terminate the pregnancy is paramount and cannot be restricted in any manner. After the first trimester, the right of a woman to obtain an abortion is limited to cases where a physician demonstrates that an abortion is necessary to protect the life or health of the woman seeking the abortion.

In all likelihood this abortion statute is

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    constitutional, because the statute strikes a proper balance between the fundamental right of a woman to choose to terminate a pregnancy by abortion and the due process right to life of the unborn child
  2. B
    Correct Answer
    constitutional, because the statute is substantially related to the important state interest in protecting the health and life of the mother
  3. C
    Correct Answer
    unconstitutional, because the statute imposes an undue burden on the right to obtain an abortion
  4. D
    Correct Answer
    unconstitutional, because it is irrational to impose virtually no restrictions on the right to obtain an abortion in the first trimester while imposing significant restrictions on the right to obtain an abortion thereafter
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