Equal Protection Clause
https://en.wikipedia.org/wiki/Equal_Protection_Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws.” It mandates that individuals in similar situations be treated equally by the law.[1][2][3]
A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War.
The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase “Equal Justice Under Law“. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. The clause has also been the basis for Obergefell v. Hodges which legalized same-sex marriages, along with many other decisions rejecting discrimination against, and bigotry towards, people belonging to various groups.
While the Equal Protection Clause itself applies only to state and local governments, the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment nonetheless requires equal protection under the laws of the federal government via reverse incorporation.
Filed under: General Problems
I guess I’m trying to understand how is that to help the chronic pain patient. No Comprende if you could help please anyone thank you.
this is part of our 14th Amendment to our Constitution, added to our constitution in 1868. Then there is this law from 1935 42 USC 1395: Prohibition against any Federal interference
https://uscode.house.gov/view.xhtml?req=(title:42%20section:1395%20edition:prelim)
From Title 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 7-SOCIAL SECURITY SUBCHAPTER XVIII-HEALTH INSURANCE FOR AGED AND DISABLED
§1395. Prohibition against any Federal interference
Nothing in this sub chapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.
(Aug. 14, 1935, ch. 531, title XVIII, §1801, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 291 .)
Statutory Notes and Related Subsidiaries
Short Title
For short title of title I of Pub. L. 89–97, which enacted this subchapter as the “Health Insurance for the Aged Act”, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title.
Protecting and Improving Guaranteed Medicare Benefits
Pub. L. 111–148, title III, §3601, Mar. 23, 2010, 124 Stat. 538 , provided that:
“(a) Protecting Guaranteed Medicare Benefits.-Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaranteed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].
“(b) Ensuring That Medicare Savings Benefit the Medicare Program and Medicare Beneficiaries.-Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers.”
Then there is this 3 largest drug wholesalers and 3 large chain pharmacies agreed – in writing – to reduce/restrict the controls meds available in the market place. https://www.pharmaciststeve.com/pharma-prescribed-opioids-to-pts-with-valid-medical-necessity-0-022-pts-odd/kaiser/
How many other diseases/healthcare issues that our country/society encourages denying appropriate therapy/care? Whoever signed those agreements from those corporations did that action violate American with Disability Act – which would be a civil rights violation. All these laws were on the books before the CSA was signed into law. Maybe the chronic pain community needs to put the “votes together”…435 members of the House are up for re-election and at least 33 in the Senate.. Let’s wipe the House clean..vote out all the incumbents – create a “black swan” event, because 95%+ of incumbents expect to be re-elected regardless if they didn’t do want they promised and/or they did something them promised not to do.I can almost guarantee that we start with a clean slate -especially in the House – they will start reading the mail sent to their office.