The Supreme Court Of Public Health Essay - 1239 Words

Introduction The Supreme Court is the highest court in the federal judicial system. Like other courts, it has jurisdiction to hear and decide legal issues only for certain kinds of cases that are brought to it. Reference to Baum (2010), the Supreme Court should be viewed as both a legal and a political institution and as part of a policy making system that includes lower courts and the other branches of government. This ambiguous and complexity position between the political process and the legal system influence what the court does (Baum, 2010, p.3). In this respect, the court operates within a constraint from which legislators free. Role of the Supreme Court in Public Health: As Teitelbaum, Wilensky, (2013) indicated the, policy powers in the context of public health include all laws and regulations directly or indirectly intended to reduce morbidity and premature mortality in the population (Teitelbaum, Wilensky, 2013, p. 43). The judicial has important role concerning public health. The Court decide whether a public health statute or policy is constitutional, whether agency action is authorized legislatively, and whether agency officials have sufficient evidence to support their actions. Baum (2010), makes clear that, the Supreme Court s position is to follow the Constitution. The court had emphasized that there exist enforceable limits on Congress s power. The Supreme Court has narrowed the scope of the commerce power, when held the congress exceeded itsShow MoreRelatedJudicial Review Of The Cogccs Law1232 Words   |  5 PagesMartinez filed a complaint with the Denver District Court seeking judicial review of the COGCC’s determination. On D ecember 24, 2014, the Denver District Court upheld the COGCC’s order after concluding that the clear and unambiguous language of the Act requires a balancing test between the development of oil and gas resources and protecting public health and the environment. Martinez then appealed the Denver District Court ruling to the Colorado Court of Appeals arguing that the language of the ActRead MoreThe Patient Protection And Affordable Care Act ( Ppaca )916 Words   |  4 Pagesfiled a lawsuit in the setting of a federal court. This was done to challenge the constitutionality of the individual mandate (individuals must possess a minimum level of health insurance or face financial penalties) and the Medicaid expansion (individuals earning less than 133% of the poverty-level baseline are eligible for Medicaid). The Medicare expansion is optional, however, as of current, all the states are participating in it. The federal court had decided to determine is the two provisionsRead MoreThe Pros And Cons Of Vaccination1011 Words   |  5 Pagesthe overall effectiveness of mass immunization. The courts in the nineteenth century typically supported the enactment of mandatory vaccination programs. Most importantly for the future of mandatory vaccination policy, one important Supreme Court decision in the early part of the twentieth century acknowledged the power of state governments to mandate vaccination. Jacobson v. Massachusetts, was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsoryRead More Restrictions On Abortion Essay1742 Words   |  7 Pagesrestrictions that have been made to Roe v. Wade have come from other Supreme Court cases that were argued after 1973 and from State and Federal Legislation; which, ultimately, must go through the process of Judicial Review. Before we look at what restrictions have been made, we will look at the history of Roe. Secondly, we will look at Webster verses Reproductive Health Services (1989) and Planned Parenthood v. Casey (1992)-the Supreme Court cases which further restricted Roe. And then we look to the mostRead MoreMandatory Vaccination in the United States: A Past and Present Examination of Jacobson v Massachusetts1136 Words   |  5 PagesThere is no doubt that vaccination has been one of the greatest successes of public health programs in the 20th century. Vaccinations have eradica ted naturally occurring smallpox, and have substantially reduced morbidity and mortality from infectious diseases that previously ravaged the population, such as polio and measles. Despite the successes, there has been a history of â€Å"anti-vaccinationists† in the U.S., who among other challenges, argued compulsory vaccination was an infringement upon personalRead MoreThe Debate Over The Legalization Of Abortions1172 Words   |  5 Pagesmake it’s way to the Supreme Court’s attention from 1990s to the early 2000. The legalization of abortions has long been a controversial subject since it was found to be constitutional in Roe v. Wade legalizing abortions on Jan 22, 1973. Several court cases including: McCullen v. Coakley and Hill v. Colorado to name a couple, have challenged the laws concerning protesting that came with the legalization of abortions, as it stands. This case note will scrutinize the Supreme Court’s decision to abolishRead MoreThe Supre me Courts Involvement with Abortion Essay examples1384 Words   |  6 PagesThe Supreme Courts Involvement with Abortion Never in the history of the United States, with the exception of the Slave Trade, has a public policy carved such an unmistakable social divide. Never before has a public policy spurned so many questions about social and political standards of American culture. To understand the abortion controversy and ultimately the Supreme Court’s involvement and decision in Roe v. Wade, the roots of abortion must be examined. The American public turned toRead MorePolitical Profile : Japan1414 Words   |  6 Pagesboth directly elected under a parallel voting system and ensured by the Constitution to have no discrimination on the qualifications of each member. Both houses reflect the sovereignty of the people, a principle of popular sovereignty whereby the supreme power lays within in this case the Japanese people. The responsibilities include making laws, approving the annual national budget, the approval of the conclusion of treated and also the selection of the Prime Minister. They also have the power toRead MoreA Look Into Abortion s History1322 Words   |  6 PagesA Look Into Abortion’s History Prior to 1970 abortions were illegal in the United States. It was then when the now popular Roe v. Wade case took place which saw the Supreme Court make any laws regarding the prevention of early-stage abortions unconstitutional. An abortion can be defined as an early termination of an unwanted pregnancy. As a topic of controversy there are many aspects of abortion that are constantly being debated. For example, moral and legal obligations, support from federal andRead MoreThe Ethics Of Health Ethics1542 Words   |  7 PagesPublic-health frequently come across severe ethical problems, such as controlling rare assets, prompting individuals to adjustment to their conduct, and controlling independence to reduce disease spread. Unlike health ethics there is no established framework for exploring these problems. The framework separates three ethical views often raised in public health dialogue: locations created on results, positions dedicated to the moralities and prospects, and visi ons that stress appeal and quality. Discovering