Some clever physician needs to file a suit against some aspect of Obamacare for intruding into the private patient/physician relationship, using Roe v. Wade as the relevant precedent.
It is usually forgotten that the “reasoning” the SCOTUS used in that case was that the government could not intrude into the private patient/physician relationship, for which reason bans on what at the time were still called “therapeutic abortions” were “unconstitutional”. The argument had nothing to do with abortion per se.
I would love to watch such a suit proceed through the courts, since essentially any outcome has an upside, and pitting Obamacare against Roe v. Wade would make so many heads on the left explode.
Seems it doesn’t have to a doc given your reasoning
nice idea bump
We have to learn to use their own demented logic against them.
Very interesting angle. I think you on correct that in many instances the only way to get the courts to act against the personal biases of politically motivated judges is to force them into a conflict with their own previous decisions.