This Note traces the development of the doctrine of unconstitutional conditions both in California and in the federal courts and compares the doctrine with equal protection analysis in the context of the abortion funding cases. The Note concludes that the Myers court should not have applied the doctrine of unconstitutional conditions because the doctrine was not applicable to the facts of the case and because equal protection analysis provides a better analytical tool for deciding such cases.
David M. Schoeggl,
New Life for the Doctrine of Unconstitutional Conditions?—Committee to Defend Reproductive Rights v. Myers, 29 Cal. 3d 252, 625 P.2d 779, 172 Cal. Rptr. 866 (1981),
58 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol58/iss3/10