Judy Doe v. Michael L. Parson, Governor of Missouri, et al.
SocialSecurity DueProcess FirstAmendment Privacy JusticiabilityDoctri
Is the Establishment Clause violated by the proclamation that 'The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being?'
QUESTIONS PRESENTED 1. Is the Establishment Clause violated by the proclamation in an abortion statute that “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being?” 2. Can a State constitutionally compel a woman seeking an abortion to acknowledge receipt of the proclamation “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being” as a condition for getting an abortion when her religious belief is the nonviable fetus is not a human being but rather part of her body that can, in good conscience, be removed on demand without regard to its current or future condition? 3. Can a State can constitutionally compel a woman seeking an abortion to submit to a three day waiting period whose only purpose is to promote her consideration of the State’s proclamation that “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being” when her religious belief is the non-viable fetus is not a human being but rather part of her body that can, in good conscience, be removed on demand without regard to its current or future condition? 4. Does the undue burden analysis of Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992) (“Casey”) or the rational basis analysis of Employment Div., Dep't of Human Res. of Oregon v. Smith, 494 U.S. 872 (1990) (“Smith”) apply to a claim an abortion statute violates the Free Exercise clause? ii 5. Must a complaint alleging a violation of 42 U.S.C. §1983 by an abortion statute also explicitly allege an “undue burden” rather than a “substantial burden” to state a claim the statute violates the Constitutional standards articulated in Casey?