Discuss the meaning and implications of Griswold’s penumbras and emanations

1. In Griswold v. Connecticut, the U.S. Supreme Court stated that “specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.”

A. Discuss the meaning and implications of Griswold’s penumbras and emanations

B. Describe the legal basis for an unenumerated right that might be located within these purported constitutional regions.


2. Adhering to the preferences specified in a patient’s advance directive may be difficult if the document has not been updated recently, that is, within the last two or three years. For example, a family member may insist that the patient had changed his mind and the previously stated preferences are no longer valid.

A. Based on your reading of Chapter 8, discuss one or two other sets of circumstances that might justify overriding the instructions detailed in a patient’s advance directive.

B. Provide an ethical analysis supporting the decision to override the patient’s right of autonomy or discuss why such a course of action would not be supported from the perspective of biomedical ethics.

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