Federalism & bioethics: States and moral pluralism

Hastings Center Report

Volumn 37, Issue 6, 2007, Pages 24-35

  Fossett, James W ^a   Ouellette, Alicia R ^a   Philpott, Sean ^a   Magnus, David ^a   McGee, Glenn ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; BIOETHICS; CULTURAL ANTHROPOLOGY; GOVERNMENT; HUMAN; LEGAL ASPECT; MORALITY; POLICY; POLITICS; PUBLIC OPINION; SOCIAL BEHAVIOR; UNITED STATES;

BIOETHICAL ISSUES; CULTURAL DIVERSITY; FEDERAL GOVERNMENT; HUMANS; MORAL OBLIGATIONS; MORALS; POLITICS; PUBLIC OPINION; PUBLIC POLICY; SOCIAL RESPONSIBILITY; STATE GOVERNMENT; UNITED STATES;

EID: 38149119034     PISSN: 00930334     EISSN: None     Source Type: Journal    
DOI: 10.1353/hcr.2007.0085     Document Type: Article

References (60)

1. For a useful recent review of this literature, see S. Johnson, "The Impact of Presidential Bioethics Commissions: An Assessment of Outcomes in Public Bioethics" (Ph.D. dissertation: Johns Hopkins University, 2006).
2. For a partial exception, see C.B. Cohen, "Searching for a Variety of Bioethics Forums," Politics and the Life Sciences 13, no. 1 (1994): 82-84.
3. For recent examples of this Washington-centered discussion, see F. Davidoff, "Sex, Politics, and Morality at the FDA: Reflections on the Plan B Decision," Hastings Center Report 36, no. 2 (2006): 20-25,
4. and R. Dresser, "Plan B: Politics and Values at the FDA, Again," Hastings Center Report 34, no. 6 (2004): 9-10.
5. A. Ouellette et al., "Lessons across the Pond: Assisted Reproductive Technology in the United Kingdom and the United States," American Journal of Law and Medicine 31 (2005): 419-46, at 420.
6. For one example of antistate rhetoric, see R. Hayes, "A Majoritarian Proposal for Governing Human Biotechnology," http://www.bioethicsforum. org/Fukuyama-Furger-bioethics-regulation.asp. For another, which referred to state attempts to regulate assisted reproduction as a "bioethics fire drill," see "Transcript of the Meeting of the President's Commission on Bioethics, Section 4: Stem Cell Research: Current Law and Policy with an Emphasis on States," July 23, 2004, http://www.bioethics.gov/ transcripts/july03/session4.html. For still another, see S. Burger, "When in Rome (or Wisconsin)," November 13, 2006, http:// www.americanprogress. org/issues/2006/ 11/when_in_rome.html.
7. For a recent example of such complaints, see J. Medina, "Connecticut Takes a Lead in Stem Cell Research Aid," New York Times, December 10, 2006.
8. For a useful summary of these debates, see W. Oates, "An Essay on Fiscal Federalism," Journal of Economic Literature 37 (1999): 1120-49,
9. and J. Fossett and T. Gais, "A New Puzzle for Federalism: Different Responses to Medicaid and Food Stamps," presented at the Annual Meeting of the American Political Science Association, September 2002, http://www.rockinst. org/publications/federalism/fossett_and_gais_apsa 2002withtables.pdf.
10. See, for example, D. Esty, "Revitalizing Environmental Federalism," Michigan Law Review 95 (1996): 570-653.
11. See, for example, L. Andrews, "Legislators as Lobbyists: Proposed State Regulation of Embryonic Stem Cell Research, Therapeutic Cloning, and Human Cloning," in Monitoring Stem Cell Research (Report of the President's Commission on Bioethics, 2004, Appendix E), http://www.bioethics. gov/reports/stemcell/appendix_e.html;
12. as well as CE. Schneider, "A Government of Limited Powers," Hastings Center Report 35, no. 4 (2005): 11-12;
13. and C.E. Schneider, "Political Questions, Judicial Questions, and the Problem of Washington v. Glucksberg," in Law at the End of Life: The Supreme Court and Assisted Suicide, ed. C.E. Schneider (Ann Arbor: University of Michigan Press, 2000).
14. Jacobson v. Massachusetts, 197 U.S. 11, 25 (1905).
15. Ibid., at 35 (emphasis added).
16. 105 N.E. 92, 93 (1914).
17. K.C. Wheare, Federal Government (New York: Oxford University Press, 1964);
18. A. MacMahon, "The Problem of Federalism: Survey," in Federalism Mature and Emergent, ed. A. MacMahon (Garden City, N.J.: Doubleday, 1955).
19. Ouellette et al., "Lessons across the Pond."
20. Ethnicity in Contemporary America: A Geographical Appraisal, 2nd ed., ed. J. McKee (New York: Rowman & Littlefield, 2000);
21. Reinventing the Melting Pot: The New Immigrants and What It Means To Be American, ed. T. Jacoby (New York: Basic Books, 2004).
22. J. Cortright and H. Meyer, Signs of Life: The Growth of Biotechnology Centers in the U.S. (Washington, D.C.: Brookings Institution, 2002), http://www.brookings. edu/es/urban/publications/biotech.pdf
23. Oates, ""An Essay on Fiscal Federalism."
24. The relevant literature is enormous. For a decent sampling, see R. Erikson, G. Wright, and J. McIver, Statehouse Democracy: Public Opinion and Policy in the American States (Cambridge, U.K.: Cambridge University Press, 1993);
25. K.Q. Hill and A. Hinton-Anderson, "Pathways of Representation: A Causal Analysis of Public OpinionPolicy Linkages," American Journal of Political Science 39 (1995): 924-35;
26. B. Norrander, "The Multilevel Impact of Public Opinion on Capital Punishment Implementation in the American States," Political Research Quarterly 53 (2000): 771-94;
27. and K. Arcenaux, "Direct Democracy and the Link between Public Opinion and State Abortion Policy," (unpublished paper, Rice University Department of Political Science).
28. T. Gais and J. Fossett, "Federalism and the Executive Branch," in The Executive Branch, ed. J. Aberbach and M. Peterson (New York: Oxford Unversity Press, 2005).
29. A. Hamilton, "The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered)," Federalist, No. 28, http://www.foundingfathers.info/federalistpapers/ fedindex.htm.
30. R. Nathan, "There'll Always Be a New Federalism," Journal of Public Administration Research and Theory (advance access, published February 14, 2006), http://jpart. oxfordjournals.org/cgi/reprint/muj011v1. pdf?ijkey=wzfsdcDmIuL1buc&keytype=ref.
31. For an excellent summary of the venue shopping literature, see S.B. Pralle, "Venue Shopping, Political Strategy and Policy Change: The Internationalization of Canadian Forest Advocacy," Journal of Public Policy 23 (2003): 233-60.
32. For example, see J. Chubb, "Institutions, the Economy and the Dynamics of State Elections," American Political Science Review 82 (1988): 13-54;
33. R. Stein, "Economic Voting for Governor and U.S. Senator: The Electoral Consequences of Federalism," Journal of Politics 52 (1990): 29-53;
34. and A. Lowery, J. Alt, and K. Ferec, "Fiscal Policy Outcomes and Electoral Accountability in the American States," American Political Science Review 92 (1999): 759-74.
35. R. Jones, "After California, More States Eye Stem Cell Research," February 9, 2005, http://www.msnbc.msn.com/id/684 7933/from/ET/.
36. J. Hopkins, "Stem Cells' Promise Pit Jobs vs. Values," USA Today, February 15, 2005.
37. E. Clift, "Widening Rift," Newsweek, October 21, 2005, http://www.msnbc.msn. com/id/9776982/site/newsweek/.
38. D. Spar, "Where Babies Come From: Supply and Demand in an Infant Marketplace," Harvard Business Review (February 2006): 133-42.
39. Human Fertilization and Embryology Authority, "Fertility Problems and Treatment: Facts and Figures," 2006, http://212. 49.193.187/cps/rde/ xbcr/SID-3F57D79B-463E71AF/hfea/facts_and_figures.pdf.
40. See, for example, the rankings of state and university programs in micro- and nanotechnology published by Small Times magazine, a trade publication, and the detailed descriptions of state biotechnology programs published by the Biotechnology Industry Organization, a major trade group.
41. For a detailed statement of these arguments, see Fossett and Gais, "A New Puzzle for Federalism."
42. K. Barrett and R. Greene with Z. Patton and J.M. Keeling, "Grading the States '05: The Year of Living Dangerously," Governing (February 2005), http://www.governing.com/gpp/2005/intro.htm.
43. National Academy for Public Administration, An Agency at Risk (Washington, D.C: National Academy for Public Administration, 1991);
44. S.M. Butler et al., "Open Letter to Congress and the Executive: Crisis Facing HCFA and Millions of Americans," Health Affairs 18 (1999): 8-10;
45. L. Etheredge, "Medicare: Governance and Structure: A Proposal," Health Affairs 19 (2000): 61-73.
46. L. Brown and M. Sparer, "Poor Program's Progress: The Unanticipated Politics of Medicaid Policy," Health Affairs 22 (2003): 31-44.
47. See J. Wennberg et al., "Geography and the Debate over Medicare Reform," Health Affairs Web exclusive, February 13, 2002, w96-w119;
48. and E.S. Fisher et al., "Variations in the Longitudinal Efficiency of Academic Medical Centers," Health AffairsVleb exclusive, October 7, 2004, var19-var32, http://content.healthaffairs.org/cgi/ content/full/ hlthaff.var.19/DC3.
49. For a recent examination of this research, see N. Lurie, "Health Disparities: Less Talk, More Action," New England Journal of Medicine 353 (2005): 727-29.
50. See T. Gais and J. Fossett, "Federalism and the Executive Branch."
51. The spending data cited in this paragraph are reported in J. Fossett, "Federalism by Necessity: State and Private Support for Human Embryonic Stem Cell Research," Rockefeller Institute of Government Policy Brief (Albany, New York: Rockefeller Institute of Government, 2007).
52. For a detailed explanation of survey findings, see M. Nisbet, "Public Opinion about Stem Cell Research and Human Cloning," Public Opinion Quarterly 68, no. 1 (2004): 131-54;
53. and M. Nisbet, "Political Communication in the 2007 Stem Cell Debate: Framing Messages and Defining Public Opinion" Science and the Media, January 5, 2007, http://www.csicop.org/scienceandmedia/stem-cell/ 2007.html.
54. For a prescient discussion of many of these issues, see R. Noll, "The Politics and Economics of Implementing State Sponsored Embryonic Stem Cell Research," SIEPR Discussion Paper No. 04-28, June 2005, http://siepr.stanford.edu/papers/pdf/ 04-28.pdf.
55. For ongoing coverage of these disputes, see http:// californiastemcellreport. blogspot.com/.
56. D.C. Vock, "FDA Ruling Puts Pharmacists in Crossfire," September 6, 2006, http://www.stateline.org/live/details/story?contentId= 139338#comments#comments>.
57. Ibid.
58. R.E. Gee, "Plan B, Reproductive Rights and Physician Activism," New England Journal of Medicine 355, no. 1 (2006): 4-5.
59. Vock, "FDA Ruling."
60. Ibid.