The s New Ordinance For Each Basis Will She Win

I. What bases does Ms. Fang have to enjoin Hadselltown from enforcing the new ordinance against her? For each basis will she win? Although Hadselltown’s new ordinance may seem like a unique and â€Å"over-the-top† approach to curbing mental and developmental disabilities, it is actually an approach that has been tried many times before and in various ways. Unlike those approaches, however, this scenario also involves a question as to what happens with the genetic samples that are taken from the pregnant woman? Mrs. Fang will likely base her request for injunction on the following grounds: (1) that the ordinance violated her Fourth Amendment rights to be free from search and seizure; (2) that the ordinance violates her rights to Due†¦show more content†¦47J v. Acton, 515 U.S. 646, 652 (1995). â€Å"Reasonableness† is â€Å"measured in objective terms by examining the totality of the circumstances† Ohio v. Robinette, 519 U.S. 33, 39(1996), and â€Å"whether a particular search meets the reasonableness standard ‘ â€Å"is judged by balancing its intrusion on the individual s Fourth Amendment interests against its promotion of legitimate governmental interests.† Vernonia School Dist. 47J, at pp. 652–653. Here, it is clear that the blood screening would constitute a Fourth Amendment search and seizure of Fang’s person. Therefore, to prevail on her claim for injunctive relief or to invalidate the ordinance, Fang must show that the ordinance is unreasonable to achieve its stated objectives. As stated by the major of Hadselltown, the ordinance seeks to â€Å"save the city millions in schooling costs by preventing additionally mentally challenged children from being born.† It accomplishes this objective by mandating genetic testing of all pregnant woman prior to obtaining medical services in the county. The blood samples collected are also donated to a research facility nearby for further study and development of ways to prevent developmental and mental disabilities prior to or at birth. Fang will argue that mandating that she allow a doctor to draw her blood and for her to receive information about the potential for a mentally or developmentally disabled child causes