Rush seeks to keep med records private

NJ.COM ^

[MarkL]

Given the HIPPA (sp?) laws, releasing private medical records is a serious crime. I believe it's a felony.

Mark

[george wythe]

This New York Daily News story seems to contradict this article.

Next week, a judge will decide whether the medical records should be made public.

[Limbaugh spokeswoman Keven] Bellows said the records show that Limbaugh's addiction stemmed from his numerous medical problems, and they want them made public.

Also yesterday, the National Enquirer reported that "the police web is tightening around Rush Limbaugh" and that he could be arrested in days.

Nevertheless, I suspect the article posted at the top of this thread is correct. The Daily News article was written in fuzzy English. "They" refers to the prosecution, not to the Limbaugh team.

[Lucky Dog]

My point stands: There is no right to privacy enumerated in the Constitution:

Article IX: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Your assertion that this amendment spcecifically is a "right to privacy" could be argued by implication but not directly.

As to the assertion that this once was free country... freedom is a relative term as our founders knew. the reason court exist is balance various freedoms and rights because there are and always will be conflicts. Additionally, our founders also pointed out that freedom without responsibility is license not freedom.

While I might agree with you that the courts, in particular, the Supreme Court, have erred in overly restricting individual freedoms and rights toward a socialist perspective, i fear your original point is invalid.

[AndrewC]

We, the People, retain ALL rights!

A most excellent post!! Bravo! Golf Clap!

[xzins]

Hi AC,

Good to hear from you again.

X

[AndrewC]

There is no right to privacy enumerated in the Constitution:

You are a lawyer I'm guessing. While your statement may be true, that does not negate our right to privacy. My right to eat is not enumerated in the constitution, yet you will not deny me that right.

[bvw]

The fact that the "right to privacy" was egregiously tendered as the reason for the bastard Roe v Wade decision, does not mean it does not exist. Nor is it within the charter grant to the Federal Goveenment for them to be the grand protector of all rights. Rather, rights are specified so the Federal behemoth does not run afoul of them, and in others specified -- such as Jury Trial, to insure that they do occur as the due process.

[AndrewC]

Good to hear from you again.

I do drive-bys(sp?) on occasion. ;^)

Thanks, God bless you on this season of our celebration of the Jesus the Christ's birth.

[Lucky Dog]

Your right to eat? I believe it is called a right to life. For the arguements on that consult Roe v Wade. No I am not a lawyer (as in law school and passing the bar, etc.). We are all lawyers in the sense that we must conform to them which means understanding and obeying.

[Lucky Dog]

You have misconstrued my point... I did not assert that a right to privacy does not exist, only that such a right is not enumerated in the Constitution. Allowing the Supreme Court to manufacture such a right "out of whole cloth" and ascribe it to the Constitution is one of the sources of the current problems our Republic faces.

[AndrewC]

Your right to eat? I believe it is called a right to life.

No. I mean my right to eat. But you bring up another point. The right to live is not enumerated in the Constitution. It is noted in the Declaration of Independence.

[Lucky Dog]

You are correct that life, liberty and the pursuit of happiness are enumerated as God given rights in the Declaration of Independence. Again, I refer you to Roe v Wade. While I agree with you philosophically, our courts apparently do not.

[meyer]

Okay, the Supremes say that gays have a right to privacy, but Rush doesn't now?

I think its really "liberals have a right to privacy but conservatives don't".

Anyway, I think I know why Johnny Cash took on that name. Its best to remain anonymous as much as possible. That includes when receiving medical treatment.

[AndrewC]

While I agree with you philosophically, our courts apparently do not.

Well, I could tell that we really agreed on the subject. I see that you fear the prestidigitation of our courts. The only way to counter that is to appoint persons who are not wildly interpretive of common words. Privacy means medical records are private. Privacy does not mean killing another human, no matter the age of that human.

[Lucky Dog]

Actually, appointments are not the only way to control the prestidigitation of the courts. Article III section 2 give Congress the power to limit the jurisdiction of the courts (except those issues in which the Supreme Court has roiginal jurisdiction). However, as is the current case with nominations, the Congress has show the intestinal fortitude to do so.

[ClintonBeGone]

How about just a simple violation of the Federal HIPAA statute?

[ClintonBeGone]

Does anyone recall if Rush was or was not among those who criticized Clinton for keeping his medical records private?

Can you recall if Rush was ever elected President?

[Lucky Dog]

I certainly would not disagree if it is appropriate. The question is whether the prosecutors in this case are exempt or whether the courts would manufacture some heretofore unknown Constitutional right for them to become so.

[ClintonBeGone]

My point stands: There is no right to privacy enumerated in the Constitution:

Remember, it's unlikely Rush is making some weird claim under the state or federal constitution.

[ClintonBeGone]

The question is whether the prosecutors in this case are exempt or whether the courts would manufacture some heretofore unknown Constitutional right for them to become so.

Why so obessed with the Constitution tonight? If the statute doesn't exempt court proceedings, I'm sure a judge could read one in based on the seperation of powers. Unless of course, Rush was claiming he was raped and then all of his medical records would be off limits see Kobe Bryant.