Question
A state passes legislation that requires automobile inspections be performed only by licensed inspection stations and further requires that only businesses independently owned may obtain
A state passes legislation that requires automobile inspections be performed only by licensed inspection stations and further requires that only businesses independently owned may obtain such a license. This adversely affects most gas stations because they are not independently owned. In the legislative history, one lawmaker stated that this law in intended to help small businesses.But data shows that only four companies qualify under the licensing law and all of them are multimillion dollar businesses. Several gas station operators who want to perform automobile inspections but who cannot obtain a license under the law file a lawsuit claiming the law is an unconstitutional violation of the Due Process Clause of the Fourteenth Amendment. In analyzing the case, what level of scrutiny will a court use?
Question 2
Recent stem cell research indicates it may provide a cure for Parkinson's disease or at least the ability to slow the rate of physical deterioration from it. This research is actually being done in other countries. The United States, however, has passed a law prohibiting the use of embryos in stem cell research.Several individuals with Parkinson's disease have formed a group that wants to create embryos from members' eggs and sperm for the specific purpose of using the stem cells from these embryos for Parkinson's research.They have brought suit to declare the federal ban on the use of embryonic stem cells as a violation of the Due Process Clause of the Fourteenth Amendment. What standard of review is the court hearing the case likely to use?
Question 3
The State of Tejas is considering adopting legislation that would require every woman who is to receive an abortion to submit to a sonogram that shows the fetus and to receive a picture of the fetus produced from the sonogram. The legislation would also require a 24-hour waiting period between the time the woman receives the sonogram picture and the time of the abortion. If challenged, what standard of review is the court likely to use?
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