MODULE 1

Introduction

The legal system involves a complex framework of sources and interpretations of the law. Important concepts, such as common law, statutory law, and judicial interpretation, as well as federal and state courts, will be discussed in this essay. This essay also discusses how Medicare and Medicaid shape and affect access to equal health care for all citizens.

Part 1:  Compare and Contrast the Terms

Common Law

Common law establishes its development through judicial decisions and precedents, following the principle of stare decisis, whereby courts should follow previous decisions regarding similar cases. This, in turn, gives room for flexibility in the shaping of laws by the judges to particular circumstances. A typical example is Roe v. Wade (1973), where the Supreme Court granted every woman a right to privacy with respect to abortion and thereafter set a precedent for subsequent rulings (Forsythe & Morrison, 2020).

Law

Law is a broad term that includes all the regulations and rules formed by the governing authorities with an aim to keep society in order and also for protecting the rights of its individuals (Wacks, 2023). The different types of laws include statutory laws, which are created by the legislatures, common laws, and administrative regulations. A perfect example is the ACA, which a law is passed by Congress that dictates specific healthcare requirements for individuals and employers.

Comparison

Whereas the common law develops from judicial decisions and precedents that allow for flexibility through interpretation, statutory law presents clear codified rules. Common law evolves by interpretation, while statutory law clearly provides codified rules, as provided by the ADA. This highlights how both laws come into play in terms of regulating behavior.

1. Term Set 2

Statutes

Statutes refer to those formal written laws passed by legislative bodies such as Congress or a state legislature. Boughey and Crawford (2019) indicate that they have been created to respond to particular problems and reveal how one should behave in society. Statute laws go through a long process in order to be prepared in the form of a bill, discussed, and passed into law. An example of a statute is the Health Insurance Portability and Accountability Act (HIPAA), which had been put in place to protect patient’s health information and act as the healthcare privacy law.

Judicial Interpretation

Judicial interpretation is the ability of the courts to offer a meaning or clarification to a statute or constitutional provisions in as much as there is controversy in regard to their meaning. This involves the judiciary, where the written laws are used to define situations and come up with solutions to the problem, hence the practical means of applying the law (Boughey & Crawford, 2019).. For example, how the U.S. Supreme Court has affirmed the individual mandate provision of the ACA in the National Federation of Independent Business v. Sebelies is an example of the judicial interpretation category.

Comparison

The statutes and the judicial interpretation of the statutes constitute two interrelated branches of the legal body. Statutes are the written laws, and judicial opinions explain how the statutes are to be applied in specific cases. Statutory laws are usually ambiguous sometimes, and this is where the courts help to interpret. For instance, the ACA prescription enhanced healthcare coverage, but ambiguous rules caused judicial interpretation. In National Federation of Independent Business v. Sebelius (2012), the Supreme Court confirmed that Congress cannot compel states that failed to accept Medicaid expansion under AFDC to do so by withholding other federal funds. Therefore, the courts have a significant function of interpreting statutes.

• Term Set 3

Federal Courts

Federal courts, created under the Constitution of the United States, possess jurisdiction over cases emerging from federal laws, constitutional issues, and disputes between states or citizens of different states. Simon et al. (2024) indicate that they operate on three tiers, which include district courts, circuit courts of appeal, and the Supreme Court. One of the most famous cases in this court was United States v. Nixon, 1974, wherein the Supreme Court ordered President Nixon to comply with a subpoena issued during the investigation of the Watergate affair and underlined that nobody was above the law.

State Courts

State courts function independently under each state’s judiciary and adjudicate cases involving state laws and local affairs affecting health-related controversies (Simon et al., 2024). For example, in Hernandez v. Texas, in 1954, involving denial of health care service based on racial discrimination, the state court of Texas delivered judgment against such a discriminating policy practiced by the hospitals. The case demonstrated how state courts could contribute to healthcare policies in their interpretation of state laws on relevant civil rights. 

Comparison

Federal and state courts have distinctive yet complementary roles to play in America’s legal system. Federal courts make decisions on federal laws and constitutional issues for uniformity of decision, while the state courts deal with local laws so that responses are tailored to community standards (Simon et al. 2024). Often, their interaction, especially in cases that involve both federal and state laws tends to lead to complex legal problems. 

Part 2: Government “Created” Access to Healthcare

Medicare

Medicare is a federal health insurance program generally for those over 65 and also for younger people with certain disabilities, or ESRD. It consists of four parts: Part A, which is hospital insurance; Part B, medical insurance; Part C, Medicare Advantage; and Part D, prescription drug coverage (Oberlander, 2023). Eligibility for Medicare depends upon age or on the presence of any of a number of qualifying conditions.

Medicaid

Medicaid is the federal and state partnership established in 1965, financing health care for low-income persons and families. It aims at supplying needed medical care to the nation’s vulnerable populations, including low-income families, pregnant women, the elderly, and people with disabilities, among other classifications (Mitchell et al., 2023). Overall, its eligibility varies by state, but it mainly covers low-income families, pregnant women, the elderly, and people with disabilities, while its reach has now been expanded under the Affordable Care Act to include more low-income adults.

Comparison

Medicare and Medicaid cater for different populations and also fund differently. Medicare primarily covers people above 65 years and the disabled, funded by federal payroll taxes. Medicaid, on the other hand, targets the needy of low-income families, whose eligibility is based on income that varies from state to state and often requires minimal cost sharing.

Part 3: Conclusion/Your Thoughts

Initial Thoughts 

My initial thoughts on the right to healthcare revolve around the fact that I believe access to healthcare is a basic human right. Everyone should be treated by a doctor regardless of their social status, whereby the success of both an individual and society is hindered. Health care should be considered one of those basic rights, not a privilege.

Change of Opinion

Having reviewed this module, I still consider healthcare a moral right, but now I am more aware of its legal difficulty regarding the lack of constitutional guarantees. The programs like Medicare and Medicaid help, but limitations imposed on them serve as barriers in pursuing universal health access. Any effort made to resolve healthcare as a right has to be addressed with reasoned policy solutions through these complexities.

References

Boughey, J., & Crawford, L. B. (2019). Situating statutory interpretation in its public law context. Legal Education Review, 29(1-2), 1-15. https://doi.org/10.53300/001c.10834.

Forsythe, C. D., & Morrison, R. N. (2020). Stare Decisis, Workability, and Roe v. Wade: An

Introduction. Ave Maria L. Rev., 18, 48. https://ssrn.com/abstract=3652067

Mitchell, A., Baumrucker, E. P., Colello, K. J., Napili, A., Binder, C., & Braun, S. K. (2023). Medicaid: An Overview. Congressional Research Service (CRS) Reports and Issue Briefs, NA-NA. https://crsreports.congress.gov/product/pdf/R/R43357

Oberlander, J. (2023). Medicare. In Chronic illness care: Principles and practice (pp. 583-595). Cham: Springer International Publishing. https://www.med.unc.edu/socialmed/wp-content/uploads/sites/462/2023/07/CV-2023-Oberlander-July.pdf

Simon, C. A., Steel, B. S., & Lovrich, N. P. (2024). Courts. State and Local Government and Politics, 3rd Edition.

Wacks, R. (2023). Law: A very short introduction. Oxford University Press. ISBN: 9780192870506