HARRIS V. McRAE
448 U.S. 297 (1980)
NATURE OF THE CASE: This was an appeal challenging the constitutional validity of state restrictions on welfare benefits for abortion services under the Due Process Clause of the Fifth Amendment.
FACTS: Under the Hyde Amendment, abortions cannot be subsidized with federal Medicaid funds unless a full term fetus places the life of the mother in danger or the pregnancy resulted from a documented rape or incest. The Appellees assert that the Hyde Amendment is unconstitutional because it: 1) takes away a woman's right to choose to terminate a pregnancy in violation of the Due Process Clause; 2) interferes with the establishment of religion in violation of the Establishment Clause under the First Amendment; and 3) impedes one's right to freedom of religion protected by the Free Exercise Clause under the First Amendment. The District Court held that the Hyde Amendment was unconstitutional. The U.S. Supreme Court reversed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment