[P-Marlowe]

A delicious irony if this legislation were overturned on the basis of the Griswold decision.

[P-Marlowe]

Legal Beagle alert!

[wagglebee]

I think you are definitely on to something here!

[Puppage]

(1965)

Yeah, but that was so looooong ago.

[erkyl]

May we copy and distribute?

[Frantzie]

I would love it if Justice Samuel Alito wrote the decision.

Based on your analysis - would part of the bill be thrown out or all of it?

[MagnoliaB]

Somehow, the thought of an army of IRS agents enforcing and policing health care doesn't have a ‘constitutional’ ring to it.

[SnakeDoctor]

It would indeed be ironic if Griswold saved us from Obamacare.

Go ahead and add me to your legal list.

SnakeDoc

[jazusamo]

This would be beautiful.

Zre0 being a Constitutional Law expert must have missed it. :)

[Buckeye McFrog]

and it is a small step and a hop from this one to (gasp.....)
ROE v. WADE!

[rarestia]

Money quote:

the concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights.

The key word here is RIGHTS. RIGHTS are not something that can be governed. We have a RIGHT to life. We have a RIGHT to liberty. We have a RIGHT to pursue happiness. PURSUE happiness. You may not catch it, but you will have the right to chase after that dream as hard as you want. That means the government is out of the equation. NO WHERE IN THE CONSTITUTION OR BILL OF RIGHTS is there ANYTHING that guarantees a RIGHT to health care. You're born, you have a right to live your life how you want to live it. If you decide to smoke, drink, do drugs and have sex with random strangers, that's up to you. The American citizens are not on the hook for the indiscretions of the indigent and criminal.

The government should serve to bolster business interests in the interest of the federal government's own coffers. No one is saying that the feds don't get theirs, but on our terms. They should be eating out of our hands, not the other way around!

[EdReform]

BTTT

[Frantzie]

Maybe the doctors of Virginia should takes this and run with it on the rocket docket.

Send a copy to Bill McCollum, Ken Cuccinelli, Mark Levin and other AGs and Attorneys.

[GalaxieFiveHundred]

[EdReform]

Ping

[Hostage]

Are you a lawyer? What you’ve done is commendable.

But unfortunately I am a fly in the ointment.

Justices have said they may review Roe. If that is the case they would not want to bring up Griswold in this case because it may compromise a later review of Roe.

I hope I am wrong and it would be irrelevant to a review of Roe.

[HapaxLegamenon]

I was wondering the other day whether the Roe decision could be used for such a delicious irony as you indicate. After all the whole foundation for Roe was that medical decisions are a private matter between a doctor and his patient and none of the government’s business.

[Lobbyist]

Wouldn’t Roe be sufficient?

[ironwill]

[mo]

We need to get this to the Supremes...ASAP..

[freespirited]

Last night, FReeper Columbia posted a Supreme Court case of New Deal vintage in which the court struck down legislation that gave the president authority to regulate the poultry industry. I love this paragraph of the decision.

39] In the final analysis the contention made rests upon a non-existent power in the Federal Government to enact any act deemed by it necessary or desirable to promote the general welfare.

A. L. A. Schechter Poultry Corp. v. United States, 55 S. Ct. 837, 295 U.S. 495 (1935)