A JOINT RESOLUTION proposing to amend the Wyoming Constitution to specify that the Wyoming legislature may, by law, define "health care" for purposes of the right of health care access and to clarify when and how the legislature may impose restrictions on the right of health care access.
Impact
The adoption of SJ0007 would grant exclusive authority to the legislature over defining health care, potentially limiting the role of the judiciary in interpreting this right. It establishes the 'rational basis' standard for judicial review of health care legislation, which could affect how courts assess the validity of future health care laws. This change would likely centralize power in the legislature and could lead to significant modifications in how health care is legislated and regulated within Wyoming, impacting various existing health care laws at both the state and local levels.
Summary
SJ0007 is a Senate Joint Resolution proposed in Wyoming that seeks to amend the state constitution regarding the right of health care access. The primary aim is to clarify the authority of the Wyoming legislature in defining 'health care' and to establish the circumstances under which it can impose restrictions on this right. If approved by voters, this amendment would require that any legislative definition of health care must be reasonably related to the health and general welfare of the populace, aligning with other constitutional purposes.
Contention
A notable point of contention surrounding SJ0007 is the potential for reduced judicial oversight in health care-related matters. Critics argue that limiting the courts' role could lead to legislative overreach, where health care rights might be curtailed without adequate checks and balances. Proponents, however, suggest that the amendment is necessary for creating a clear framework within which the legislature can operate, arguing that it would enhance the ability to enact laws that promote public health effectively.