Wednesday, September 25, 2019
Write a memo, Essay Example | Topics and Well Written Essays - 500 words
Write a memo, - Essay Example Viral gastroenteritis, caused by norovirus, has been an epidemic in the nation, including the capital of South Caledonia, affecting communities such as schools, residential complexes, and emergency shelters for humanitarian aid, and causing illnesses such as fever, abdominal pain, nausea, vomiting, and diarrhea, during its outbreak. There have however been limited cases of fatalities and victims are able to recover a few days after its onset. Secondary consequences such as restrain from work when the virus infects people or as people stay at home to tend to victims. A vaccine was developed for the infection and the Food and Drug Administration authorized for suitability for human use and for effectiveness in controlling the infection. The vaccine has no adverse effects and was approved for people above three years. The South Caledonia legislature then passed a law that would compel people to receive the vaccination, at the stateââ¬â¢s cost, and fine a person who failed to receive the vaccination a sum of $ 750, unless there is a valid state exemption. Mr. Russell has been notified that he must receive the vaccine but he does not qualify for an exemption and do not wish to pursue it. He therefore seeks advice on possible suit against the state. Mr. Russell plans to sue the state for protection of his right of autonomy in order to avoid liability for not receiving vaccination against the viral gastroenteris. He relies on the provisions of the 14th amendment that provides that states shall not enact laws that infringe a citizenââ¬â¢s rights and liberty nor shall states deprive such rights without due process (Guminski, 2009). There are however other amendments that limit the rights under the Fourteenth Amendment. The Ninth Amendment provides that no right shall be interpreted to deny others their rights and the Tenth Amendment gives states powers such as legislations that are not reserved to the
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