OK. Here’s a question for brighter minds than mine. Roe v. Wade established the “right to privacy.” I personally believe that the right to privacy is inherent in the unenumerated rights referred to in the Ninth Amendment, although I don’t believe it is applicable to the abortion issue, but that’s a subject for another day.
So the question is: If the right to privacy designated in Roe v. Wade is widely accepted (especially by leftists) as the Law of the Land, wouldn’t that mean that the government has no right to our personal healthcare information?
Doesn’t that put Obamacare at odds with Roe v. Wade, and thus render it unconstitutional? Of course I realize that the Supreme Court ruled Obamacare to be constitutionally valid, but that is because the right to privacy was never brought up in the arguments to be considered, nor addressed in the Court’s decision.
If the right to privacy were to be invoked before the Supreme Court, wouldn’t the court have to rule Obamacare unconstitutional on that basis alone? Or else would they rule that the right to privacy only applies to abortion, a ruling which would be absurd on its face.
See Alinsky’s Rules for Radicals #4: Make the enemy live up to its own book of rules.
Or am I missing something?
Wow, proof great minds think alike!
I've been using that same analogy since last year. Of course it would take a lawsuit, filed a nanosecond after the first "breech" of confidentiality could be documented.
If I had it to do all over again, I woulda coulda shoulda been a lawyer.
Excellent points!
Another line of legal reasoning involves comparing Obamacare to all the do’s and don’ts the Federal Government has put into Law about our “privacy rights” such as HIPPA, questions that future employers can and cannot ask at one’s job interview, etc.
A criminal at arrest time has the “right to remain silent” which is not an option for any of us - - - , as our Doctors have been forced by the damn Federal Government to betray us over our very loud protests.
Class Action Suit anyone?
Might be something for Senators Cruz and Lee to file for us!