ph103 quiz3

what is the specific treatment related to Preventative Services Task Force (PSTF) that the plaintiffs object to?

The Braidwood plaintiffs objected requirements to cover pre-exposure prophylaxis (PrEP) medications for ppl at risk of HIV as violating the Religious Freedom Restoration Act (RFRA)

what is the specific treatment related to ACIP that the plaintiffs object to ?

the HPV vaccine

What is the specific treatment related to HRSA that the plaintiffs object to?

contraceptives/birth control

what is the “nondelegation” doctrine”

a judicially created doctrine that the supreme court briefly used in the 1930s that claims there are strict constitutional limits on congress’ power to delegate policymaking authority to federal agencies

On what grounds do the plaintiffs object to the requirement that PrEP, HPV vaccine, and contraceptives be covered by insurance?

religious grounds

What was the OSHA policy that the plaintiffs objected to in NFIB v. OSHA?

the policy mandating all employees being required to be vaccinated

the court’s distinction between “occupational health” and “public health”

OSHA is tasked with ensuring occupational safety, the agency is permitted to set workplace safety standards, not broad public health measures

what did the court’s majority decide about the OSHA policy, and why?

disapproved of the OSHA vaccine-or-test mandate because OSHA “cannot trace its authority to do so to any clear congressional mandate”

what did the court’s dissenting opinion argue in NFIB v. OSHA ?

that the statute not just enables, but commands OSHA to issue an Educational Testing Service (ETS) when a new hazard poses a danger in the workplace

what was the main ruling of griswold v. connecticut ?

in favor of the constitutional right of married persons to use birth control

what was the main ruling of eisenstadt v. baird ?

it is the right of the individual, married or single, to be free from unwanted governmental intrusion into matters like whether to bear or beget a child

what was the main ruling of roe v. wade ?

the right of privacy is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy

planned parenthood v. casey (1992)

“abortion control act” required waiting period before obtaining abortion, spousal notification, and minor’s parent’s consent. Clinics sued on behalf of themselves, SCOTUS struck down required spousal notification, but states could still regulate/restrict abortion

Dobbs v. jackson women’s health (2022)

claimed that liberty only applied to “rights deeply rooted in US history/tradition”. SCOTUS overruled roe v. wade, “constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision”

alliance for hippocratic medicine v. FDA

tried to ban mifepristone, SCOTUS ruling coming this fall

due process clause of the 14th amendment

no state shall make or enforce any law which shall abridge the privileges/immunities of citizens of the US, nor deprive any person of life/liberty/property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws

according to majority opinion by justice alito (dobbs v. jackson women’s health), what is the relevance of “ US history/tradition” in determining whether a right is protected by the due process clause ?

whether the right to obtain an abortion is an essential component of “ordered liberty”

basic gun violence statistics

• Civilians stopped attackers: (15%)

• Attacker committed suicide (23%)

• Attacker surrender (3%)

• Police stopped attacker (31%)

• Attacker Left The Scene (28%)

• 27 states allowed people without a permit to carry guns

what is the relationship between rates of gun ownership and gun deaths

positive correlation

“good guy with a gun” theory

NRA’s idea that further arming America is the answer to preventing gun violence

what did Justice Scalia say about the relevance of self defense in the majority opinion he wrote in the Heller v. DC case ?

handguns are overwhelmingly chosen by gun owners who wish to carry a firearm for self-defense, so lawmakers can’t ban the most preferred firearm in the nation

what was the original purpose of the 2nd amendment, according to Narea, Zhou & Millihiser ?

to preserve a well-regulated militia

what is the main holding of the heller v. DC decision ?

recognized an individual right to possess a firearm under the constitution

what does justice stevens say was the “most clearly incorrect decision” of his 35 years on the court ?

heller v. DC, which recognized an individual right to possess a firearm under the constitution; bc when the 2nd amendment was adopted the country was concerned that the power of congress to disarm state militias and create a national standing army posed a threat to the sovereignty of the several states

what was the main holding of the miller case ?

establishing that the 2nd amendment’s protection of the right to bear arms was possessed only by members of militia and applied only to weapons used by the militia. Stevens describes this case as the prevailing interpretation of the 2nd amendment before the heller decision.

Stevens’ examples of gun control laws throughout US history

• Boston enacted a law in 1746 prohibiting the discharge of any gun or pistol

• philadelphia prohibited ring a gun or setting off fireworks without a governor’s special license

• NY banned the ring of guns for 3 days surrounding new years day

• these 3 cities and more also regulated the storage of gunpowder

NRA’s lobbying efforts

in support of an expansive interpretation of the 2nd amendment; described as one of the greatest pieces of fraud

joyce brown case

NYC started Project Help to assist homeless, they took homeless joyce brown into institutions against her will and drugged her without her consent. goal was to give free mental health care to reduce homelessness. joyce ended up not having any mental health issues, just substance abuse issues

“least restrictive environment” standard

those with disabilities should be placed in environments as similar as possible to those without disabilities. legal decisions called for the release of many mental patients from large state institutions, bc they couldn’t provide individualized treatment n were not the least restrictive environment for patients

requirements for being involuntarily committed under O’Connor v. Donaldson

• suffering from mental illness : being “insane”

• being dangerous to others or oneself : imminent risk to life or bodily harm