[Ken H]

Rush is agreeing that the 14th Grants a Right to Privacy and is basing his defense on that theory.

Rush is basing his case on a Florida law which says medical records are to be obtained by subpoena and prior notice.

I don't believe the US Constitution has been used by his defense attorney.

[trumandogz]

The posted article states:

The Florida ACLU filed court papers yesterday supporting Limbaugh's argument that investigators violated his constitutional right to privacy when they seized his medical records in November to investigate whether he violated drug laws when he purchased prescription painkillers.

Looks to me that he is citing his right to privacy.