211, 36 S.Ct. 595, 60 L.Ed. 961 (1916). Access to the courts is also not a fundamental right unless the denial of that access itself impinges on a recognized fundamental right. See, e.g., Ortwein v. Schwab, 410 U.S. 656, 658-60, 93 S.Ct. 1172, 1172-75, 35 L.Ed.2d 572, 76 (1973) (access to courts to seek welfare relief not a fundamental right). Being grounded in the common law, not the constitution, the right to receive compensation for tortious injury is simply not fundamental. See, e.g., Brown v. Merlo, 8 Cal.3d 855, 882, 106 Cal.Rptr. 388, 407, 506 P.2d 212, 231 (1973). Those few states which have applied strict scrutiny in a similar context are simply outside the mainstream of state constitutional jurisprudence. See, e.g., Kenyon v. Hammer, 142 Ariz. 69, 83, 688 P.2d 961, 973 (1984) (<HOLDING>). Under Texas case law, as in most states,
holding that right of access to recover damages for bodily injury was fundamental but noting that numerous other states have held otherwise recognizing a right of access to civil proceedings holding that the right to vote is fundamental holding that the right to drive is not a fundamental right holding right to be fundamental