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Reconsidering Abortion Law: Liberty, Equality And The New Rhetoric Of Planned Parenthood V. Casey, Erin Daly Dec 1994

Reconsidering Abortion Law: Liberty, Equality And The New Rhetoric Of Planned Parenthood V. Casey, Erin Daly

Erin Daly

Since 1973, the Supreme Court has based the right to abortion on a right to privacy implicit in the Due Process Clauses of the Fifth and Fourteenth Amendments. Despite forceful and increasingly frequent arguments that the harm caused by restrictive abortion laws deny equal protection, at least as much as they impinge on personal privacy, the Court has steadfastly refused to consider abortion in this light. In Planned Parenthood of Southeastern Pennsylvania v. Casey, sowed the seeds for a more nuanced understanding of both liberty and equality. Although the lead opinion is so fractured that, as the maze of concurrences …


Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee Dec 1994

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …