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Questions for lawyers - how do the courts define or view a 'state's interest' in something?

Lursa

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How do the courts define or view a 'state's interest' in something? My question relates to the fact that in RvW the interests of women are considered on behalf of the state. Women are equal citizens, persons will full rights. After that, secondary to that, they they examine states' interest in the unborn.

What are a state's interests in the unborn?

Then, considering that unless a woman consents, they would never know if there was an unborn...how can states 'interests' have any validity? Or how can there be an authority to act on behalf of something they done know exists?
 

swing_voter

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In America, if the voters are interested in something, the state is interested in it too. Politicians want votes.

You can see it in the Supreme Court Barret senate hearings. The senators don't care about abortion, but they know their voters do, so the senators pretend they do too.
 

Lursa

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In America, if the voters are interested in something, the state is interested in it too. Politicians want votes.

You can see it in the Supreme Court Barret senate hearings. The senators don't care about abortion, but they know their voters do, so the senators
Thanks but I think it has to be more than that. Something more specific.

In that particular issue in the OP...is the state deciding it's best to have more people, more taxpayers?
 

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How do the courts define or view a 'state's interest' in something? My question relates to the fact that in RvW the interests of women are considered on behalf of the state. Women are equal citizens, persons will full rights. After that, secondary to that, they they examine states' interest in the unborn.

What are a state's interests in the unborn?

Then, considering that unless a woman consents, they would never know if there was an unborn...how can states 'interests' have any validity? Or how can there be an authority to act on behalf of something they done know exists?
Sometimes the “state’s interest” is explicitly stated in the text of the law itself. Some laws will make statements or findings. At times the “state’s interest” is a logical inference based on the text of the law itself. On some occasions, the state’s interest cannot be discerned in either way, and the state’s interest is articulated to the court.

How the court “views” the state’s interest is contingent upon the level of scrutiny. Rational basis, lowest level, and the courts are rather deferential to the state’s interest. There is then what is called intermediate scrutiny, and then strict scrutiny, the latter in which the court sets a very high bar in terms of the state’s interest and the law in relation to the interest.
 

Buckeyes85

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State interest means nothing more than a public policy concern of a state versus the federal government. The original question seems to take the term too literally. But again, the answer (I believe) is essentially nothing more than public policy. Perhaps that's not an answer at all?
 
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