The State of  Dystopia enacted a so-called "Reproductive Health Care Act", hereinafter referred to as the "Act." The Act provides that any woman can choose to terminate her pregnancy up until the ninth month for reasons of "health or life of the mother." The Act further repeals all other laws in the State of Dystopia that make it a crime of murder against the unborn "fetus" when a pregnant woman, who is in the third trimester of pregnancy, is killed and the "fetus" also dies. The Act also provides that any abortion need not be done by a licensed physician, but may be performed by a nurse practitioner. There is no "conscience objection" clause protecting physicians from refusing to perform late-term abortions in the Act. There is no severability clause in the Act. 

A woman, in her ninth month of pregnancy, Mary Roe, decides that she cannot handle the stress of having her child, and seeks an abortion from Dr. Clark, who is a member of the Physicians Association. Dr. Clark refuses to do the abortion citing his Hippocratic Oath to "first do no harm." Mary Roe seeks to force Dr. Clark to perform the abortion of the nine month old "fetus," hereinafter, "Baby Roe." The State of Dystopia Child Advocate and Pro-Life Group file for an injunction against enforcement of the Act. The State of Dystopia Legislature states the purpose of the Act on the premise that the State was merely codifying the now overruled SCOTUS cases of Roe v. Wade and Planned Parenthood v. Casey. 

The Physicians Association, the Pro-Life Group, and the State of Dystopia Child Advocate - - on behalf of Baby Roe, all of the State of Dystopia bring suit, challenging the constitutionality of the Act and seeking an injunction to prevent its enforcement. 

The highest court in the State of Dystopia, after a full trial, granted the injunction and held the Act unconstitutional. Mary Roe delivers Baby Roe before the case comes to the United States Supreme Court. 

 

1. Will the Supreme Court hear this case? 
2. What is the constitutional basis for Mary Roe's effort to force Dr. Clark to perform the abortion? 
3. Are Mary Roe, Physicians Association, a local Pro-Life Group, and the State Child Advocate properly before the Supreme Court? 
4. What are the best arguments for the Supreme Court to strike down the Act in its entirety? 
5. Will the Supreme Court find some, all, or none of the Act unconstitutional? Why?