Question

Describe the members of the judicial branch and their roles in each of the policy making phases.US HEAL;TH POLICY

Answer 1

1)ans)

The judicial branch of U.S. government is the system of federal courts and judges that interprets laws made by the legislative branch and enforced by the executive branch. At the top of the judicial branch are the nine justices of the Supreme Court, the highest court in the United States

The U.S. president nominates all federal judges—including Supreme Court justices, court of appeals judges and district court judges—and the U.S. Senate confirms them.

Many federal judges are appointed for life, which serves to ensure their independence and immunity from political pressure. Their removal is possible only through impeachment by the House of Representatives and conviction by the Senate.

The U.S. Supreme Court, the highest court in the United States, is part of the judicial branch. The Supreme Court is made up of 9 judges called justices who are nominated by the President and confirmed by the Senate. The justices hear cases that have made their way up through the court system.

Phases of judicial branch:

In these early years, the legal process consisted of two phases

The first phase, In Iure, was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists.

        Then the second phase would start, the Apud Iudicem. The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case

- The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights.
- Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues.

- To effectively perform its role, the judiciary may periodically require enhanced understanding of a public health issue.
- Public health officials must also be thoroughly familiar with judicial rules and procedures and be ready to bring the presiding jurist up to speed on the law and facts. Put simply, public health officials, as well as their attorneys, must know their way around the courthouse.

- Recognizing that mutual understanding is particularly important with regard to public health emergencies, we focus on the courts’ critical roles in and preparedness needs for such emergencies.
- As an essential backdrop, we provide an introduction to the structure and function of federal and state courts and describe how federalism requires state and federal courts to share power.
- We then address what public health practitioners need to know about the judicial system in a public health emergency, including the role of the courts and the consequent need to keep courts open during emergencies.
- Finally, we describe tools that are being developed to assist courts in performing their important tasks during a public health emergency.

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