—Journal of Legal Medicine
"This is a valuable book. Its selection of Supreme Court cases and its structure, analysis, and questions provide illuminating perspectives on the relation of constitutional law and medical ethics in the U.S. Readers will gain insight into the interaction of law and medical ethics, including the role of ethical reasoning in court decisions concerning medicine and health care. I strongly recommend it."
—James F. Childress, Hollingsworth Professor of Ethics, Director, Institute for Practical Ethics and Public Life, University of Virginia
"An explicitly worded account accessible to lay readers, medical profession workers and law students alike. ...an excellent reference, resource, or quick-consult guide for familiarizing oneself with rocky legal terrain. Very highly recommended."
—The Bookwatch, August 2004
Few deny the impact on physicians, patients, and patients’ families of US Supreme Court decisions. Actions the Court takes, or refuses to take, carry implications for how patients receive care, the type of care they receive, how medical care will be paid for, the extent to which patients can trust their doctors, and even how patients die. Below the surface of constitutional interpretation and judicial temperament lie ethical commitments and value considerations. Justices do not decide cases, especially biomedical ethics cases, in a vacuum. Because the rulings of the Court are of such importance for medical ethics, students and health professionals must search for and evaluate theories, principles, and concepts the Justices may be using. Not only does such a search and evaluation facilitate understanding of any particular ruling of the Court, it also provides clarity and relevance to the concerns of medical ethics. Too much is at stake for those involved in health care—receiving services, providing care, or studying its moral constraints—to ignore the explicit and implicit ethical considerations of the Justices.
TABLE OF CONTENTS
PREFACE
INTRODUCTION
Medical Ethics and the Law
Functions and Purpose of the U.S. Supreme Court
Outline of Relevant Constitutional Principles and Concepts
Outline of Relevant Theories and Principles in Medical Ethics
Organization of the Book
Notes
For Further Reading
CHAPTER ONE: THE CONTRACEPTION AND SEXUAL AUTONOMY CASES
Constitutional Issues and Background
Ethical Issues and Background
Griswold v. Connecticut
Areas for Discussion and Ethical Reflection
The Excerpts: Douglas, Goldberg, Black, Stewart
Eisenstadt v. Baird
Areas for Discussion and Ethical Reflection
The Excerpts: Brennan
Bowers v. Hardwick
Areas for Discussion and Ethical Reflection
The Excerpts: White
Lawrence et al. v. Texas
Areas for Discussion and Ethical Reflection
The Excerpts: Kennedy
Notes
For Further Reading
CHAPTER TWO: THE REPRODUCTIVE FREEDOM AND MATERNAL-FETAL CONFLICT CASES
Constitutional Issues and Background
Ethical Issues and Background
Skinner v. Oklahoma
Areas for Discussion and Ethical Reflection
The Excerpts: Douglas, Stone, Jackson
Michael H. v. Gerald D.
Areas for Discussion and Ethical Reflection
The Excerpts: Scalia, Brennan
Ferguson et al. v. City of Charleston et al.
Areas for Discussion and Ethical Reflection
The Excerpts: Stevens, Kennedy, Scalia
Notes
For Further Reading
CHAPTER THREE: THE EARLY ABORTION CASES
Constitutional Issues and Background
Ethical Issues and Background
Roe v. Wade
Areas for Discussion and Ethical Reflection
The Excerpts: Blackmun, Rehnquist
Doe v. Bolton
Areas for Discussion and Ethical Reflection
The Excerpts: Blackmun, Douglas, White
Notes
For Further Reading
CHAPTER FOUR: THE LATER ABORTION CASES
Constitutional Issues and Background
Ethical Issues and Background
Thornburgh v. American College of Obstetricians and Gynecologists
Areas for Discussion and Ethical Reflection
The Excerpts: Blackmun, White
Planned Parenthood of Southeastern Pennsylvania v. Casey
Areas for Discussion and Ethical Reflection
The Excerpts: O’Connor/Kennedy/Souter, Stevens, Scalia
Notes
For Further Reading
CHAPTER FIVE: THE RELIGIOUS OBJECTIONS TO MEDICAL TREATMENT AND PUBLIC HEALTH CASES
Constitutional Issues and Background
Ethical Issues and Background
Jacobson v. Commonwealth of Massachusetts
Areas for Discussion and Ethical Reflection
The Excerpts: Harlan
Prince v. Commonwealth of Massachusetts
Areas for Discussion and Ethical Reflection
The Excerpts: Rutledge, Jackson
Notes
For Further Reading
CHAPTER SIX: THE CONFIDENTIALITY AND PROFESSIONALISM CASES
Constitutional Issues and Background
Ethical Issues and Background
Whalen v. Roe
Areas for Discussion and Ethical Reflection
The Excerpts: Stevens, Brennan
Rust v. Sullivan
Areas for Discussion and Ethical Reflection
The Excerpts: Rehnquist, Blackmun
Jaffee v. Redmond
Areas for Discussion and Ethical Reflection
The Excerpts: Stevens, Scalia
Notes
For Further Reading
CHAPTER SEVEN: THE SCOPE AND REGULATION OF MEDICAL TREATMENT CASES
Constitutional Issues and Background
Ethical Issues and Background
United States v. Rutherford
Areas for Discussion and Ethical Reflection
The Excerpts: Marshall
Stenberg v. Carhart
Areas for Discussion and Ethical Reflection
The Excerpts: Breyer, Stevens, Kennedy
United States v. Oakland Cannabis Buyers Cooperative
Areas for Discussion and Ethical Reflection
The Excerpts: Thomas, Stevens
Notes
For Further Reading
CHAPTER EIGHT: THE TREATMENT AND CONFINEMENT OF PEOPLE WITH MENTAL ILLNESS AND MENTAL RETARDATION CASES
Constitutional Issues and Background
Ethical Issues and Background
Buck v. Bell
Areas for Discussion and Ethical Reflection
The Excerpts: Holmes
Youngberg v. Romeo
Areas for Discussion and Ethical Reflection
The Excerpts: Powell, Blackmun, Burger
Washington v. Harper
Areas for Discussion and Ethical Reflection
The Excerpts: Kennedy, Stevens
Notes
For Further Reading
CHAPTER NINE: THE RIGHT TO REFUSE TREATMENT AND ASSISTED SUICIDE CASES
Constitutional Issues and Background
Ethical Issues and Background
Cruzan v. Director, Missouri Department of Health
Areas for Discussion and Ethical Reflection
The Excerpts: Rehnquist, O’Connor, Scalia, Brennan
Washington v. Glucksberg
Areas for Discussion and Ethical Reflection
The Excerpts: Rehnquist, O’Connor, Stevens
Vacco v. Quill
Areas for Discussion and Ethical Reflection
The Excerpts: Rehnquist
Notes
For Further Reading
CHAPTER TEN: THE RIGHT TO HEALTH CARE AND HMO CASES
Constitutional Issues and Background
Ethical Issues and Background
Harris v. McRae
Areas for Discussion and Ethical Reflection
The Excerpts: Stewart, Brennan, Marshall, Stevens
Pegram et al. v. Herdrich
Areas for Discussion and Ethical Reflection
The Excerpts: Souter
Notes
For Further Reading
BIBLIOGRAPHY
