Legal Opinion · Dissent

Wood v. University of Utah Medical Center

Utah Supreme Court

Decided December 31, 2002No. 20000827Published

1DissentDurham, Chief Justice

T 41 I respectfully dissent from the holding of the court on the constitutionality of the Act, and note that Part I of this opinion on the standard of review, having been joined by Justices Howe and Russon, reflects the majority view on that issue.

[ 42 Additionally, I note a serious flaw in the lead opinion's analysis of the article I, section 11 argument. While the majority of this court upholds a heightened standard of review when section 11 is implicated, the lead opinion has actually analyzed the Utah Wrongful Life Act under a standard that it characterizes as "resolving any reasonable…

2Cases cited34 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. Edwards v. AguillardSupreme Court of the United States · 1987
  4. Stenberg v. CarhartSupreme Court of the United States · 2000
  5. Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985

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