"Somewhat off subject, but does anyone have a fairly clear, concise article explaining why the Congress was NOT out of line in visiting this issue. I literally had a liberal screaming at me last night about how inappropriate it was. Not an intelligent argument, mostly he yelled lots of "separation of powers", but I'd really like to find something to explain that there are two sides without getting into a screaming match. Perferably something he can read!!"
Nothing stops a Liberal from being an inconsistent hypocrite, but these claims are just pure hypocritical BS.
If Congress can regulate the details of medical records (eg HIPPA), If Congress can decide when and how to pay for pills at the Federal Level (medicare), if Congress can pass drug laws, pass laws that interfere with family relations with 'deadbeat dad' type laws, get involved in medical decisions by regulating HMOs and how they decide medical matters, regulation of drugs through the FDA, etc., then surely Congress can save a life here.
Ask the Liberal if they really care about Federalism enough to clearly explain what powers the Federal govt should *not* have when it comes to medicine.
Ask them if the Federal courts should have the power to review state courts when they pass death sentences.
Ask them if the Federal courts should have the power to review state and local governments making decisions about prayer in schools or ten commandments at judicial buildings.
Ask them if Federal courts should have the power to forbid forced sterilization laws at the state level, and overturn a state courts decision to require a disabled person to be sterilized; or forbid racial intermarriage.
Ask them why Federal courts can do that and NOT review state court decisions that kill a disabled person.
If they answer that Federal courts can do all those other things, which they have done and Liberals have wanted them to do, but not to save a life, then your Liberal friend is a hopeless hypocrite.
If the argue the federal court involvement/review is okay, but not Congressional action ...
then your Liberal friend is arguing for an imperial Judiciary, if they think Federal courts should get involved without any input from Congress. have them read Article III of the Constitution! Congress regulates what the courts can review, and this law simply codified an additional review process that should have taken place (but which didnt take place because our imperial judiciary thumbed its nose at the new law Congress passed).
I agree with you wholeheartedly. My problem is trying to explain anything to this Co-worker (definitely not friend). He is your typical know it all who was quoting Time magazine and all sorts of Old Media BS. I was just hoping to show him there were actually intelligent people who felt the Congress was correct in getting involved. I wanted him to see that that too was in writing.
Thanks for the ammo. I'll use it if I get cornered again, although I'm hoping to avoid it. It's tough to have a battle of wits with an unarmed opponent!!