1. Current Legal and Ethical Controversies in American Health Care
Government Power to Protect and Promote the Public Health

2. Instructors Marshall B. Kapp, J.D., M.P.H. Leslie Beitsch, M.D., J.D.
FSU College of Medicine

3. Distinguish Policy/Ethical v. Legal Questions
Policy/Ethical Questions
What’s a good idea? What should we do?
Legal Questions
What duty does govt. have to act?
What power or authority does govt. have if it chooses to act?
What are the limits on govt. power?

4. Govt. Duty to Act? Nothing in U.S. Constitution
Federal, state, or local governments may voluntarily take on responsibilities.
Therefore, the main inquiries are about govt. authority/power and limits.

5. Discussion Cases Ban on sale of large soft drinks in restaurants?
Different from restrictions on tobacco sale? Use in public places?
Different from restrictions on firearms sales and use?
Different from restrictions on drug sales and use? Alcohol?

6. Government Power to Act
Federal govt. (Enumerated Powers)
Regulate interstate and foreign commerce
Taxing and spending power
Eminent domain power

7. State and local govts.
Police power to protect and promote the general health, safety, welfare, and morals of the community. 10th Amendment.
Parens patriae power to protect those who cannot protect themselves. 10th Amendment.
Eminent domain

8. Limits on Government Power
14th Amendment Due Process
Life
Liberty
Property/Economic rights
Equal Protection
Freedom of speech—1st Amendment
Freedom of religion—1st Amendment
Eminent Domain-Just Compensation

9. Balancing Act: Govt Power v. Limits
Rational relationship test—A legitimate reason and rational relationship between means and ends
Strict scrutiny test—A compelling reason and a necessary relationship between means and ends
Intermediate scrutiny test

10. More Examples Children’s vaccinations Adult vaccinations
Health care providers
Citizens
Travel restrictions
Social mixing restrictions
Isolation and Quarantine
Other initiatives?