The Fundamental Meaning of 'Medical Uncertainty': Judicial Deference to Selective Science in Gonzales V. Carhart
NYU Journal of Legislation & Public Policy, Forthcoming
33 Pages Posted: 17 Jul 2009 Last revised: 19 Jul 2009
Date Written: July 17, 2009
Examining Gonzales v. Carhart, this Note takes the position that the Supreme Court’s latest abortion decision sets a lower bar than is prudent for the scrutiny of scientific and medical congressional 'findings' that purport to justify limiting rights otherwise entitled to constitutional protection. In doing so, the Court invites collateral attacks on the same rights through the use and congressional adoption of slipshod, deliberately uniformed science ('sham science').
Keywords: Abortion, Gonzales v. Carhart, Fundamental rights, Substantive Due Process, Daubert v. Merrell Dow Pharmaceuticals, Science and law
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