Public Health Law 1 Flashcards
Tell me about South Dakota v Dole.
The issue is coercion (the spending clause): How much can the federal government coerce the states?
Look at the percent of funds that the government will withhold if you do not listen. ACA was different though because it was such a large chunk of money.
Tell me about Wickard v Fillburn
Recognized power of federal gov to regulate economic activity under the Commerce Clause.
Farmer growing wheat on his farm past the limits that was permitted in 1942. Said he would interfere with interstate commerce because he wouldn’t buy wheat on the market because he grew his own.
After this case, the US gov kept winning cases based on this view of the commerce clause
Tell me about U.S. v. Lopez (1995)
First SCOTUS case since New Deal to set limits on Congress’s power under the Commerce Clause. Said Gun-Free School Zones Act of 1990 was unconstitutional as it is beyond the power of Congress to legislate control over our public schools. SCOTUS held (5-4) that while congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from commerce as to authorize the regulation of teh carrying of handguns (did this really affect the economy?)
Gave three categories of activity of interstate commerce:
- channels of interstate commerce
- instrumentalities of interstate commerce
- substantially affect or relate to interstate commerce
Tell me about U.S. v. Morrison.
Woman raped on campus. Wanted to apply the Violence Against Women Act of 1994 whcih gave victims the right to sude in federal court. SCOTUS held that some parts of the act were unconstitutional because they exceeded congressional power under the Commerce Clause and 14th amendment. Court stress enumerated powers that limit federal power - has to directly affects economics.
Tell me about DeShaney v. Winnebago County Department
Issue: Does the state failure to take the necessary steps to provide protective services violate substantive due process
SCOTUS - not a violation of substantive due process. Due Process Clause is phrased as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security.
in this case, the gov was not the actor. if the gov had been the actor, you might have talked about something different. the dad was the actor doing the bad thing.
Tell me about Castlerock v. Gonzales
This has to do with procedural due process. Police did not help the mother find her daughters even though she had a restraining order.
Tell me about National Federation of Independent Businesses et al. v. Sebelius
This is the ACA opinion.
Two issues:
1. Medicaid expansion - commerce clause
2. Individual mandate - tax and spending
Tell me about Goldberg v. kelly
Due process clause of 14th amendment requires an evidentiary hearing before a recipient of certain gov benefits can be deprived of such benefits. Welfare benefits are statutory entitlement => must have procedural due process.
Tell me about Gibbons v. ogden
SCOTUS held that power to regulate interstate commerce was granted to Congress by commerce clause. (steamboat navigation case)
Tell me about swift v US
SCOTUS ruled that commerce clause allowed gov to regulate monopolies if it has a direct effect on commerce.
“stream of commerce”
Destroying the beef trust - halted price fixing by Swift and company.
Tell me about NLRD v Jones and laughlin steep corp
Declared that National Labor Relations Act of 1935 was constitutional. Expanded commerce clause power of Congress (1937)
Tell me about Jacobsen v. massachusetts
SCOTUS upheld authority of states to enforce compulsory vaccination laws. Freedom of individual must sometimes be subordinated to the common welfare and is subject to police power of the state.
Tell me about the Korematsu v United States
SCOTUS sided with the gov, ruling that order to put japanese americans in internment camps was constitutional. Said the need to protect against espionage outweighed individual rights. Since then, Department of Justice said that this was in error. Applied the strict scrutiny standard.
Tell me about US v. Windsor
SCOTUS held that restricting US federal interpretation of marriage and spouse to apply only to heterosexuals is unconstitutional (DOMA is unconstitutional). Violates due process clause of 5th amendment - deprivation of liberty. Gov argued strict scrutiny as they were going to enforce it. BLAG was arguing it was constitutional so they wanted rational basis. fundmental right = marriage.
immutable characteristic = sexual orientation.
there is a hx of discrimination.
Court answered this - Fed gov has no business weighing in on state issues. said “heightened level of scrutiny”
Tell me about Lawrence v. Texas
SCOTUS struck down sodomy law in texas. Overturned Bowers v. Hardwick. Violated due process guarantees. O’Connor stated that it violated equal protection clause. Respect for private lives. court did not find homosexual sodomy as fundamental right but they saw it as a exercise in liberty.
Tell me about US v. Virginia
SCOTUS struck down virginia military institute long standing male only admission policy. Violated 14th amendment’s equal protection clause. Used the intermediate review standrad because this is sex.
Tell me about Skinner v. Oklahoma
SCOTUS ruling which held that compulsory sterilization could not imposed as a punishment for a crime because it did not apply equally to everyone (did not apply to white collar crime). Also, said that compulsory sterilization laws should be held to strict scrutiny. This was a violation of the equal protection clause of 14th amendment.
Tell me about Planned Parenthood v. casey
SCOTUS case in which constitutionality of several PA state regulations regarding abortion were challenged. Court had plurality opinion.
O’Connor, Kennedy, Souter - up hold Roe v. Wade, rejection of spousal notification law. Upheld parental consent, informed consent, waiting period laws.
this was the rehnquist court with O’connor as the swing vote.
oconnor comes up with undue burden because she is not okay with trimester breakdown from roe v. wade.
Tell me about Griswold v. Connecticut
SCOTUS rules that constitution protected right to privacy. Connecticut law prohibited use of contraceptives (woman was handing them out). SCOTUS invalidated law on grounds that it violated right to marital privacy. Privacy protected by due process clause of 14th amendment. Made a lot of later ruling on the basis of Justice Harlan’s substantive due process rationale.
Tellme about loving v. Virginia
SCOTUS invalidated laws prohibiting interracial marriage. Violated both due process clause and equal protection clause of 14th amendment. marriage is a fundamental right.
Tell me about roe v. wade
SCOTUS said right to privacy under the due process clause of 14th amdnemtn extended to a woman’s decision to have an abortion. Let states decide about trimester of abortion.
Tell me about Whitman v. American Trucking Associations
under nondelegation doctrine, congress can’t delegate legislative authority. Here, though, it was decided that under the intelligible principle, legislative authority could be delegated to agencies, like the EPA. This is about administrative law (rulemaking)
Tell me about FDA v. Brown and williamson tobacco corp
FDA attempted to regulate tobacco products. FDA did not have power to regulate as the scope of authority held by an agency is determined by that agency’s organic statute.
Tell me about Chevron v. national resources defense council.
SCOTUS set form legal test to determine whether to grant efernce to gov agency’s interpretation of statute.
- If congress is clear, defer to the statute
- If not clear, defer to the agency.
Tell me about Vermont Yankee Nuclear Power Corp v. NRDC
SCOTUS held that court cannot impose rulemaking procedures on federal gov agency. This is with the administrative procedure act of 1946.
Tell me about Webster v. Reproductive health services
SCOTUS upheld a missouri law that imposed restriction on use of states resources for abortion.
Tell me about the slaughter house cases.
First cases in which SCOTUS interpreted the 14th amendment.
Tell me about mccollough v. maryland
From this case comes two important principles in constitutional law:
- Constitution grants to Congress implied powers for implementing the Constitution’s express powers
- State action may not impede valid constitutional exercises of power by the federal gov.
this is the case in which maryland tried to make a law which hurt the second bank of the united states. the law was struck down.
Tell me about gonzales v. raich
SCOTUS ruling that under the commerce clause of the constitioant, us congress may criminalize production and use of marijuana even where states approve its use for medicinal purposes. Controlled substances act does not recognize medical use of marijuana.
Tell me about marbury v. madison
United States federal courts have authority to judicially review the statutes enacted by congress and declare a statute invalid if it violates the constitution.
Tell me about Lochner v. NewYork
held that liberty to contract was implicit in the due process clause of 14th amendment. this was the baker limit on hours working. Said that bakers could work as much as they want to.
Tell me about Gonzales v. oregon
SCOTUS ruled that us attorney general could not enforce controlled substances act against physicians who prescribed drugs in compliance with oregon state law for the assisted suicide of the terminally ill. Found it was inappropriate to apply chevron deference toward attorney general’s interpretive rule that controlled substances couldn ot be medically be used for the purpose of physician assisted suicides.
Tell me about bowers v. hardwick
Upheld constitutionality of a georgia sodomy law. They looked to historical and tradition to come up with that. overturned by lawrence v. texas.
Who are the liberal justices?
Ginsberg, Kagan, Sotomayor, Breyer
Who are the conservative justices?
Scalia, Thomas, Alito, Kennedy, roberts (chief justice)
Who is chief justice?
john roberts - he is conservative but voted with liberals on the ACA opinion.
Is the suit barred by the anti-injunction act because the parties have yet to accrue or collect any penalty or 1subsequently either pay or not pay it?
a
Is the Individual Mandate within congressional powers to regulate commerce?
a
Is the individual mandate within congressional powers of the necessary and proper clause?
a
Is the individual mandate within congressional powers to levy taxes?
a
Is the medicaid expansion within congressional powers of allocating funding and federalism?
a
If medicaid requirement is unconstitutional, is that part of the act severable for the act to remain intact/
a
What are the 3 functions of the Constitution?
- federalism
- separation of powers
- protection of liberties
What is public health law?
a
