NSG876--Health Care Policy

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University of Tennessee, Health Science Center *

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811

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Political Science

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Apr 3, 2024

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docx

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AGAINST Against: The Supreme Court was right to rule in favor of Dobbs v. Johnson Health Care Policy Brief Analysis NAme School NSG 876 Leadership and Health Policy Emma C. Murray 18 April 2023
AGAINST Against: The Supreme Court was right to rule in favor of Dobbs v. Johnson Argument The decision reached by the United States Supreme Court in the case of Dobbs v. Jackson Women's Health Organization resulted in the overturning of the precedent set by Roe v. Wade. The decision made in the Dobbs case is based on the premise that the Roe v. Wade case was decided wrongly and that the right to have an abortion is not a constitutional right. According to the reasoning of the Supreme Court, Roe v. Wade has founded on the "false premise" that the right to privacy included the right to have an abortion. This was the foundation upon which the case was decided. In addition, the Supreme Court decided that the Roe v. Wade verdict "was not supported by any convincing legal reasoning" and "was based on an unsustainable foundation. "The decision in Roe v. Wade, the Supreme Court found, "failed to sufficiently assess the interests of the unborn child," another one of their findings and conclusions. The United States Supreme Court has ruled that the Constitution does not guarantee the right to have an abortion and that it is up to individual states to determine whether they will permit abortions inside their boundaries. Roe v. Wade Roe v. Wade was a 1973 landmark decision by the US Supreme Court that ruled that a woman's right to an abortion is protected under the 14th Amendment to the US Constitution which guarantees the right to privacy. The decision effectively legalized abortion in the United States, overturning state laws that had made abortion illegal. Since the decision, numerous challenges have been made to the decision, most notably the Webster v. Reproductive Health Services case in 1989 and the Planned Parenthood v. Casey case in 1992. In both cases, the Supreme Court upheld the Roe v. Wade decision. The 14 th Amendment Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the
AGAINST privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Explanation: The Fourteenth Amendment to the United States Constitution was passed on July 1868. The purpose of the amendment was to grant equal legal and civil rights to Slaves who had been emancipated during the Civil War and African Americans in general. The amendment included them in the umbrella phrase of people naturalized or born in the US. The amendment also ended up causing a transformation in the relationship between the Bill of Rights and the States. The amendment stated categorically that all people who are naturalized or born within the USA are citizens of the United States, and of the states in which they reside. The amendment prohibits any states from enforcing or making any law that can abridge the immunities and privileges of any citizens of the United States. Section Two: repealed the three-fifths clause of the original Constitution (Article I, Section 2, and Clause 3) was repealed by Section Two, the 14thamendment to apportion congressional representation. The Thirteenth Amendment, which abolished slavery in the United States, cleared the door for all Americans to be treated as one. Asa result of this provision, citizens over the age of 21 who were male and of any race could cast their ballots for the first time. Section Three: a public official who had pledged allegiance to the constitution might be banned from holding office if they were found guilty of insurrection or rebellion against the constitution. Section Four: forbade the payment of any obligations owed to the now-defunct Confederate States of America. Additionally, ex-slaveholders were barred from claiming the loss of human "property" compensation under this statute. Section Five: congress used the right laws to make sure that this article was followed. To ensure that Section One's provisions were protected, congress was given the broad legislative ability to establish new laws. Argument Roe has no basis in the text, structure, or history of the Constitution. The Constitution was created with the main intention to protect American lives as best as it could, recognizing each person with a set of natural rights. The Court determined that abortion was not rooted in U.S. history and tradition, as it was considered a crime in three-quarters of the states when the Fourteenth Amendment and its Due Process were ratified. The Court found that Roe had ignored
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