What is interesting in this discussion is that currently, a fetus that has had a heart beat from early on, and brain activity can be terminated, and is not afforded the protection of state law. However, this same criteria is then used in order to terminated life under Health and Safety Code Section 7108. Just as abortion has been re-considered over the years, Plaintiff urges this Court to examine if the criteria for brain dead determination, which does not measure inner brain activity, is constitutionally flawed under strict scrutiny. Plaintiff believes that the very definition being used is in contradiction with other state law and violates Jahi's right to Due Process, and privacy. (See Declaration of Dr. Bryne.)