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(Disclaimer: I am not a
lawyer. The following is not legal advice, but a layman's
understanding of a legal term.)
What does State's Compelling Interest mean?
State's compelling interest is a decision a court makes to
determine if the government justified in forcing people to
act against their will. It is basically a means-ends test:
the ends (state's interest) justifies the means (abridge
citizen's rights/freedoms). The means has to be the least
restrictive method available to still achieve the ends.
Roe vs. Wade is an example of how a court decides what is a
state's compelling interest. The Supreme Court looked
state's compelling interest in terms of trimesters.
1. First trimester: There is no state's compelling interest.
Therefore, the woman has a right to her own body.
2. Second trimester: There is a state's compelling interest
to protect the mother. 2nd trimester abortions are dangerous
for the mother, and therefore the state is allowed to
prohibit abortion regardless of the woman's choice to save
the woman's life.
3. Third trimester: There is a state's compelling interest
to protect both the mother and the fetus, who is now viable.
Therefore, the state may prohibit abortion regardless of the
woman's choice, to save the live of both the woman and the
fetus.
West Virginia legislature has no business overstepping it's
legislative powers to assume judicial authority in putting
"compelling interest" in the language of the law. The courts
will decide compelling interest independently and regardless
of whether the phrase is written into the code of law or
not. |