title: The good, the bad, and the ugly: how the due process clause may limit comprehensive health care reform.
abstract: This article examines atopic which has receivedlittle 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.
authors.affiliation: Manier & Herod, Nashville, TN, USA.
authors.forename: J Paul
authors.initials: JP
authors.lastname: Singleton
mesh_terms: D002961:Civil Rights / Q000331:legislation & jurisprudence*; D018166:Health Care Reform / Q000331:legislation & jurisprudence*; D006801:Humans; D014481:United States