Legal Ethical and political Aspects of Healthcare
The essay should be 2 pages maximum and should be in APA format with at least 1 cited reference. Course text is “The Law of Healthcare Administration”, eighth edition (2017) by J. Stuart Showalter. Answer the following discussion questions in a brief, cohesive essay. 1. In Griswold v. Connecticut, Justice Stewart skewered the majority for asserting that the Ninth Amendment of the US Constitution supported its decision to overturn the Connecticut contraception statute., He wrote, “The idea that a federal court could ever use the Ninth Amendment to annul a law passed by the elected representatives of the people of the State of Connecticut would have caused James Madison no little wonder.” What does the Ninth Amendment say, and why would Justice Stewart say that President Madison, in particular, would be perplexed by its use to justify the majority’s opinion? 2. Can the Buck v. Bell (1927) and Skinner v. Oklahoma ex rel. Attorney General (1942) decisions be reconciled? 3. Summarize the state of the law following the Supreme Court’s decision in Planned Parenthood of S.E. Pennsylvania v. Casey (1992). 4. What is the difference between a wrongful life case and a wrongful birth case? How is the measurement of damages in wrongful life cases different from that in wrongful birth cases? 5. What kinds of legal issues do you think stem cell research and genetic therapies will present in the coming years?
