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

Question

Question below is based on the following fact situation.

The state of Hermosa has recently released medical statistics showing that the number of new AIDS cases within the state has quadrupled from the preceding year. In an effort to improve the health care of AIDS patients in the state, the Hawaii state legislature enacted a law providing public funds to assist hospitals.

According to the law, every hospital in the state would receive $5,000 annually for each AIDS patient who was admitted at that hospital, and whose period of hospitalization exceeded one week. Although this bill was initially opposed by several churches and other organizations, the Hermosa legislature re-drafted the bill in a compromise effort to appease the opposition. In its final re-draft , the bill provided that the $5,000 annual subsidy "would not be paid to any hospital performing abortions."

Which of the following is the strongest argument against the constitutionality of the Hermosa statute?

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

  1. A
    Correct Answer
    The statute violates the Establishment Clause of the First Amendment, as incorporated into the Fourteenth Amendment, by adopting the controversial views of particular churches on abortion.
  2. B
    Correct Answer
    The statute violates the Fourteenth Amendment by conditioning the availability of public funds upon the recipient's agreement to act in a way that makes more difficult the exercise by others of their fundamental constitutional rights.
  3. C
    Correct Answer
    The statute violates the equal protection clause of the Fourteenth Amendment by denying non-AIDS patients the same subsidy benefits as those received by AIDS patients.
  4. D
    Correct Answer
    The legitimate importance of the state interest that this statute seeks to advance is insufficient to justify the statute as a lawful exercise of state police power.
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