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View Diary: Understanding the Right to Privacy And the Right to Choose (322 comments)

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  •  And disagreement (none)
    despite using the same standard:

    STEVENS:

    In my opinion, a correct application of the "undue burden" standard leads to the same conclusion concerning the constitutionality of these requirements. A state-imposed burden on the exercise of a constitutional right is measured both by its effects and by its character: a burden may be "undue" either because the burden is too severe or because it lacks a legitimate, rational justification.
     

    The SCOTUS is Extraordinary.

    by Armando on Wed Oct 19, 2005 at 06:16:28 AM PDT

    [ Parent ]

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