Limbaugh medical records ordered resealed

Palm Beach Post ^ | 12/25 | Susan Spencer Wendel

[300winmag]

Please, please share with us some brilliant insight as to why Florida's Republican controlled legislature wrote and passed the law, then convinced Jeb Bush to sign a law specifically to screw over Rush Limbaugh.

Because it "sounds reasonable", and they had no idea that the RATS had the first defendant already picked out. The action of the RATS since then show that this is intended to be a show trial, the way things were done under Stalin.

[alrea]

A judge ordered Rush Limbaugh's medical records resealed Wednesday for at least 15 days while the famed talk-show host and his lawyers appeal an earlier ruling allowing prosecutors to look at them.

In related news, rumors are floating that a legal dream team is running up a tab well into 7 figures.

[Diverdogz]

Its a nice conspiracy theory for those inclined to paranoia.

I'm more inclinded to believe that the dems just smiled when they realized that they could use a recently passed law to pound away on Rush. I don't believe the dems are so clever as to slip 'doctor shopping' provisions into a law, with Rush in mind, when the Republicans control the executive and legislative branches of Florida government. This law is bound to affect the drug-addicted democratic populace more than the generally more law-abiding, conservative republicans.

[CIB-173RDABN]

I like Rush. I have not commented about his problem until now. Rush is a very smart man. He should have been smarted enough to know that if he did anything illegal, he would be caught. We were told he was in pain, and he had an addiction. But we also now know he recently went through a treatment program. Did it work? We assume so, but we do not know for sure. But we will assume it did. So why didn't do this before he was caught?

The one big difference between "conservatives" and "liberals" is we expect our side to be honest, and if not honest at least when caught "be a man" and face the consequences.

This is harsh, but there is no one to blame for the situation Rush finds himself in, other then Rush.

The man is smart.

The man knew what he was doing was wrong (legally)

There were treatment facilities available to assist him over the problem

He had enough money to get the needed treatment.

I am afraid this will in time bring Rush down.

---

After a lot of thought, the choice was to betray what I believe in and support Rush regardless of what he had done (as the loyal Clinton followers have done), or allow Rush to face consequences of his own making.

Is Hillary behind this, I don’t know, and beside that sounds too much like “vast right wing conspiracy.”

It is much easier being a liberal. It is much easier to go with the flow, do what feels good, do not be judgmental. It is harder to have morals, to know right from wrong, and to strive to do “right”. Rush held himself up as a moral man, and failed to live up to his own standards.

Do I want to see Rush punished? No.

Will I man the barricades to defend him, sadly, also no.

Rush is already mortally wounded. He is still fighting the good fight, but I don’t think he will ever be as effective as he was in the past. The king is dead, long live the king.

I am sorry Rush, but you really let us down.

[Liberty Valance]

You've come to this decision BEFORE he's even been charged with anything? Wow.

[ijcr]

Unlike the US constitution the State of Florida constitution has in Article 1 SECTION 23.

Right of privacy.--Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.

Five years after Florida voters enacted the Privacy Amendment, the Supreme Court of Florida held:The right of privacy is a fundamental right which we believe demands the compelling state interest standard. This test shifts the burden of proof to the state to justify an intrusion upon privacy.

The burden can be met by demonstrating that the challenged regulation serves a compelling state interest and accomplishes its goal through the use of the least intrusive means. ...The drafters of the amendment rejected the use of the words “unreasonable” or “unwarranted” before the phrase “governmental intrusion” in order to make the privacy right as strong as possible.

Since the people of this state exercised their prerogative and enacted an amendment to the Florida Constitution which expressly and succinctly provides for a strong right of privacy not found in the United States Constitution, it can only be concluded that the right is much broader in scope than that of the Federal Constitution.Winfield v. Division of Pari-Mutuel Wagering, 477 So. 2d 544, 547-48 (Fla. 1985).

Under this article the State Attorney has to prove to the court that it has a "compelling" interest in the release of Mr. Limbough's records.

The Florida Legislature has declared that “every competent adult has the fundamental right of self- determination regarding decisions pertaining to his own health, including the right to choose or refuse medical treatment.” Fla. Stat. § 765.102 (Westlaw 1996).

[300winmag]

In related news, rumors are floating that a legal dream team is running up a tab well into 7 figures.

And how much are Florida taxpayers spending to put Rush in jail? How many taxpayer-funded public servants are working this case? Don't forget, the government can financially ruin almost anyone just by making them spend money to counter their endless stream of legal challenges their own tax dollars help pay for. Even a case they know they will lose can ruin a person, if that's their real intent.

First-time drug convictions, when there is no other crime involved, are usually handled with probation and treatment. Oxycontin is a worthwhile drug for some kinds of intractable pain. But it's also abuseable because some of the genuine painful conditions can't be seen on any kind of current medical tests. Oxy addicts have a long list of non-testable complaints they can lay on a doctor in the hope of scoring a script. Rush had known, genuine conditions that indicated that oxycontin would be appropriate. The problem was that he went on into addiction, a problem with a number of legitimate drugs if not carefully monitored.

[deport]

Because it "sounds reasonable", and they had no idea that the RATS had the first defendant already picked out.

You reckon rushie was really the first defendant picked out when the law was passed by the Legislature? I bet you'll find other cases if you'd do a little honest searching... Maybe abuse by people is why the law was passed... not sure.

Republican Attorney General Charlie Crist

Why is it so important to stop doctor shopping? It would save lives.

A 2002 medical examiners report indicated that of the 9,116 drug deaths last year, 3,324 involved the use of pharmaceuticals — that's more than one out of every three drug-related deaths in Florida. Subtracting alcohol, prescription drugs accounted for 60 percent of drug-related overdose deaths in 2002. Everything possible must be done to prevent these deaths.

[ConservativeMan55]

[E.G.C.]

Bump in support of Rush.

[international american]

I BUMP the BUMP!...this case smells bad!

[joyce11111]

And I THIRD THE BUMP

[schmelvin]

"Doctor shopping" wasn't even a crime during part of the period that they're investigating Rush. My own guess is they put through the "doctor shopping" law after they found out what they turned up.

No bill of attainder or ex post facto Law shall be passed. (From Article 1 Section 9 of the US Constitution)

No state shall... pass any bill of attainder, ex post facto law... (From Article 1 Section 10 of the US Constitution)

Ex post facto: Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art. 1 § 10. see, e.g. Collins v. Youngblood 497 US 37 (1990) and California Dep't of Corrections v. Morales 514 US 499 (1995). (http://www.law.cornell.edu/lexicon/ex_post_facto.htm)

Is there any Rule of Law at all anymore? It seems increasingly the case these days that if someone in the government wants to destroy you, then you're history, and all Constitutional protections be d@mned.

I'm not a "Rushbot" (is there such a thing?). But, I do think he's being attacked primarily because he's an influential conservative, not because his rivals really care how many pills the man's popped. There are a staggering number of celebrities that have admitted they've abused drugs, entered rehab, etc., and I don't see prosecutors rifling through their medical records.

[international american]

"I'm not a "Rushbot" (is there such a thing?). But, I do think he's being attacked primarily because he's an influential conservative, not because his rivals really care how many pills the man's popped. There are a staggering number of celebrities that have admitted they've abused drugs, entered rehab, etc., and I don't see prosecutors rifling through their medical records."

I pointed this out a couple of days ago and got hammered by a motley assortment of characters:)

[international american]

"Move along ? There is PLENTY here!
Merry Christmas
Best, IA

[jetson]

Let's see Hillary's medical records. She has broken the law several times and is pushing for open medical records. Open up YOUR medical records miss piggy!

[blackie]

Rush Will Persevere!

[octobersky]

And while we're at it, let's have a look at Bill's.

[octobersky]

Then when we finish looking at that, let's look at the records that would tell us all about the way Howard Dean governed Vermont!!!

[little jeremiah]

You said that Rush shouldn't have paid the blackmail money to the maid. He or his lawyer made a statement that he didn't pay any blackmail money. Did you read somewhere that blackmail money was indeed paid out?