Federal Cosmetic Surgery Protection Act Case Study

On the side of the Department of Health and Human Services, one would dispute in defense of the Federal Cosmetic Surgery Protection Act (FCSPA). Their primary focus would be to defend the decision to have cosmetic surgery as an economic activity, since the individual is the one deciding to purchase this medical service and pay the particular amount of money, which articulates a commercial exchange. Since the Court Case of U.S. v. Lopez, the substantial effect test was divided into two categories, the regulation of commercial activities and of non-commercial activities. They have to prove that Congress’s regulating cosmetic surgery will have a substantial affect on interstate commerce, like it had to be done in Heart of Atlanta Motel v. U.S and Wickard v. Filburn. They could explain that individuals getting cosmetic surgery will cause them to stop …show more content…
Although the department can argue that the increase in cosmetic surgery has caused the commercialization of that industry, this statute is not focused on furthering the service’s commercial stance; rather, the law is discouraging individuals from purchasing the service, which lowers its economic stance. Further the area it is regulating, the doctor/patient relationship, is not one that has been traditionally regulated by the federal government. State governments are the ones who license physicians, discipline physicians who commit malpractice and regulate other areas related to FCSPA. When the federal government intrudes on an area of traditional state control, a court is less likely to uphold the federal