Hsa 515 Discussion 1

Hsa 515 Discussion 1

"Simkins v. Moses H. Cone Memorial Hospital" Please respond to the following:

Categorize the sources of law and each corresponding branch of government that apply to this case. Assess the role that each played.
In 1883, the Supreme Court declared that the Equal Protection clause applied only to government entities, not private groups and organizations. Most hospitals at this time did not accept black patients on an equal basis and did not allow black physicians to admit patients or train as interns. Even though most North Carolina hospitals were privately operated, some accepted state and federal funds and that implicated possible government discrimination.

Moses H. Cone Memorial Hospital received state and federal funds. George Simkins filed a suit against the two Piedmont hospitals alleging that the facilities refused to accept black patients.
In November of 1963, the court overruled the previous court’s decision. The appellate court found that the hospitals had violated the Fifth and Fourteenth Amendments because they were connected to the government, which made them public health not private. Although the black health facilities were separate from white hospitals they most definitely were not equal.
Compare how the concepts of due process and stare decisis may affect judicial decisions. In this case, state the ramifications, if any, of these two legal concepts.
Due process is basically ensuring that one's rights are protected and that the government follows the rules that they have made. Basically, under the doctrine of stare decisis, the decision of a higher court within the same provincial jurisdiction acts as binding authority on a lower court within that same jurisdiction. The decision of a court of another jurisdiction only acts as persuasive authority. These two concepts serves as counter system to the judicial branch to make just decisions based on the Bill of Rights.

“Simkins v. Cone.” Karen Kruse Thomas. William S....

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