The Legal Opinion Of The Judicial Court System Essay

The Legal Opinion Of The Judicial Court System Essay

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At what level of the judicial court system did this legal opinion occur? The United States Court of Appeals Fourth Circuit (Reynolds, 2004; Simkins, et al., 1962). What was the opinion of the lower court that was finally overturned in Simkins? In a 3-2 decision, the Fourth Circuit overturned the district ruling, looking to whether the hospitals and the government were so disheveled by funding and law (Martin, 2015; Reynolds, 2004; Rossman & Allen, 1964). The Court discovered the provision for segregated, “separate but equal” facilities to be unauthorized, and struck down that percentage of the Hill-Burton Act. A disapproval, authored by the Judge Haynsworth and joined by Judge Boreman, opposed that the hospitals’ operations involved no “state action”, noting the history of the hospitals had preceded the creation of Hill-Burton (Reynolds, 2004; Rossman & Allen, 1964; Simkins vs. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963); United States Court of Appeals Fourth Circuit, 1963). Explain at least one the federal laws that was highlighted in Simkins vs. Moses H. Cone. “Regulation 53.112 of the Public Health Service Regulations, issued pursuant thereto, are unconstitutional and void as violation of the Fifth and Fourteenth Amendments to the U.S. Constitution for the reason that said provisions provide for the construction of hospital facilities, and the promotion of hospital services, on a racially segregated basis” (Reynolds, 2004; Simkins, et al., 1962; Simkins vs. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963); United States Court of Appeals Fourth Circuit, 2015).
How did the federal law play a role in deciding th...

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