PHAM 622 Public health law:

Question 17

Please give short no more longer answers following questions:

(1) Assume that you work for the Office of School Health which wants to make emergency contraception (the "morning after" pill) available to high school students. Can the program go forward without parental consent? If so, why? If not, why not and what?

(2)Assume that the New York City Council wants to pass a law regulating the size of containers that are used to serve sugary beverages in New York City restaurants. Can it? Why or why not?

QUESTION 18

Please give brief and correct answers of following questions:

(1)InNational Federation of Independent Business v. Sebelius, the Supreme Court examined the constitutionality of two parts of the Affordable Care Act: the individual mandate and the Medicaid expansion. What two theories did the government argue to support Congress' imposition of the individual mandate? What is the individual mandate and what did the Court find with respect to each theory? What is the Medicaid expansion and what did the Court find with respect to its constitutionality?

(2) AfterDobbs, what is the status of substantive due process rights?

(3) In response to a lawsuit challenging the constitutionality of its rules, the FDA has delayed implementing its requirement that cigarette manufacturers put graphic warning statements on cigarette packages until November 2023. What was the name of the federal law that Congress passed mandating that the FDA require such graphic warning statements? What provision of the United States Constitution do the cigarette manufacturers who are suing claim that the requirement violates? If the court decides that the requirement is constitutional, what level of scrutiny will it likely apply when reviewing the FDA's rules and what will it necessarily have to find?