The Good, The Bad, and The Ugly: How the Due Process Clause May Limit Comprehensive Health Care Reform

This article examines a topic which has received little attention from the media or other scholarly publications: The due process concerns that arise when engaging in comprehensive federal health care reform and regulation. First, the article provides a background discussion detailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations.

© National Legal Center for the Medically Dependent and Disabled Inc. Spring 2011. Provided by ProQuest LLC. All Rights Reserved.

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