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Rush Loses in the Florida Supreme Court
Yahoo ^ | April 28, 2005 | AP

Posted on 04/28/2005 8:01:01 AM PDT by SoFloFreeper

TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court says it won't consider an appeal from conservative commentator Rush Limbaugh. Today's four-to-three order didn't explain the court's reasoning.

Limbaugh's attorney argues that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.

Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers.

Limbaugh hasn't been charged with any crime. He lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.

Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: aclu; dhpl; doctorshopping; donutwatch; govwatch; haha; liberaltarians; libertarians; limbaugh; medicalprivacy; medicalrecords; privacy; privacyrights; rshatesrush; rush; whatarush; witchhunt; wodlist
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To: longtermmemmory

Why can't we get x42's medical records? Or Kerry's?


121 posted on 04/28/2005 9:43:02 AM PDT by Carolinamom
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To: GOP_Proud

Rush should have moved to a real red state. He wouldn't be in this mess.

GW


122 posted on 04/28/2005 9:43:53 AM PDT by gregwest
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To: skip_intro

Yeah well I find it odd that the Florida judge which was in essence doing the same thing managed to have his medical records protected.

I'm no Rush worshiper but he admitted he was wrong and has completed rehab.

If you think any good from a DA being allowed access to a doctors records especially for probable partisan reasons then your a fool.


123 posted on 04/28/2005 9:44:00 AM PDT by federal
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To: Carolinamom
Why can't we get x42's medical records? Or Kerry's?

Gosh, I don't know.

What do you want them for?

124 posted on 04/28/2005 9:44:01 AM PDT by skip_intro
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To: skip_intro

"They have immunity from a libel charge?

Not likely."

I wouldn't have thought so either. The prosecutor wanted Rush that bad.


125 posted on 04/28/2005 9:44:13 AM PDT by Liberty Valance (If you must filibuster, let the Constitution do the talkin')
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To: ClintonBeGone
This has nothing to do specifically with his consuming drugs, it has to do with the illegal manner in which he obtained them.

But the Drug War has little to do with the consumption of drugs and everything to do with the Delivery, Transportation and Sale of Drugs.

Walk up to a Cop and say "Hello officer, I am high on LSD!" The only thing he may do is pat you down and let you go if you have no LSD on your person.

Or you can get a sheet of LSD and say "Hey, look what I have officer!" The next thing you know you will be doing 20 Rodeos in one of those prisons they talk about in the movie Office Space.

126 posted on 04/28/2005 9:44:30 AM PDT by jsbankston
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To: SoFloFreeper
Limbaugh's attorney argues that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.

Geez, what else is new!? Florida's judiciary is, collectively, the poster child for judicial arrogance and abuse in this nation.

127 posted on 04/28/2005 9:46:08 AM PDT by Kenny Bunkport
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To: pangaea6
What's wrong here?

Arbitrary and capricious leftwingers are running our courts.

128 posted on 04/28/2005 9:47:27 AM PDT by Kenny Bunkport
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To: federal
If you think any good from a DA being allowed access to a doctors records especially for probable partisan reasons then your a fool.

I don't believe that I said that.

This is a legal case. Sometimes you lose. That's the way it works.

129 posted on 04/28/2005 9:49:29 AM PDT by skip_intro
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To: the OlLine Rebel; Born Conservative

Oh, the reason I say "BS" is not only am I skeptical about normal people getting immune, but my perhaps merely anecdotal experiences w/people who probably didn't get the medicine they could use cuz of "don't give too much" worries.

Started w/my mom, who got some weird cough during an illness years ago. The cough never left (finally, tho, a GI type thought it mite be related to her GI problems - it's reduced alot). For years, she was constantly doing this annoying cough.

Now, I have 2 people hacking it up for YEARS in this office. Oh, and another co-worker in another area. 1 of them is YOUNGER than I am. They are not asthma victims, and it's not allergies. They started several years ago. I don't know, of course, exactly what is wrong w/them or if they even visited doctors. (I really don't want to ask virtual strangers if they've ever done anything to SHUT UP THAT ANNOYING COUGH!)

I keep thinking, is this what it was like 100 years ago when people who fell ill managed to survive? Forever crippled w/some annoying side effect? Coughing forever is not good for you, either. I hope doctors aren't so afraid of "resistance" that they'll let people be permanently debilitated by some illness.


130 posted on 04/28/2005 9:51:21 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue.)
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To: skip_intro
clinton's....evidence of drug use
Kerry's...status of postate cancer during his candidacy in 04 and possibly 08
131 posted on 04/28/2005 9:52:03 AM PDT by Carolinamom
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To: Liberty Valance; ClintonBeGone

"I wouldn't have thought so either. The prosecutor wanted Rush that bad."

Unless they have a double-super-secret-immunity of some kind, I would love to see any court papers that would deny even the filing of a libel case against them.


132 posted on 04/28/2005 9:53:40 AM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling. ")
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To: SoFloFreeper
The 4-3 order did not explain the court's reasoning.

But we can:

Limbaugh BAD.

133 posted on 04/28/2005 9:56:42 AM PDT by Plutarch
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To: ClintonBeGone

i am looking at this from a bigger legal picture.

Fl adopted a privacy amendment to protect abortion privacy, and the medical records discovery laws were made to protect medical privacy. Now with the prosecutor's "alternative" system in place, there is a way to bypass the amendment and the privacy law.

It might be a defeat for Rush, but it does also open the door to attack abortion clinics.


134 posted on 04/28/2005 9:56:46 AM PDT by longtermmemmory (VOTE!)
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To: Carolinamom
clinton's....evidence of drug use Kerry's...status of postate cancer during his candidacy in 04 and possibly 08

Actually, I think that there's something much more significant than drug use in Clinton's case.

However, I doubt that there's any legal reason why their records would be released. If you want to try, go for it.

135 posted on 04/28/2005 9:58:06 AM PDT by skip_intro
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To: poobear

Don't feel bad, I live in California.


136 posted on 04/28/2005 9:58:37 AM PDT by jerri
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To: RushCrush

"Rush is in California today for work on his cochlear implant. Tom Sullivan subbing."

Just wondering .... was this planned and announced beforehand like he normally used to do ?


137 posted on 04/28/2005 9:59:38 AM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling. ")
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To: skip_intro
Gosh, I don't know. What do you want them for?

Because x42 is a notorious cokehead. If Rush is going to be harassed for popping painkillers, the same sauce ought to serve the goose, as it were.

138 posted on 04/28/2005 10:00:35 AM PDT by eno_ (Freedom Lite - it's almost worth defending.)
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To: SoFloFreeper

The whole question of the legality of the seizure of Rush's medical records stems from the fact that he wasn't notified of the warrant that gave prosecuters access to those records. Rush, as we all know, was a proponent of the Patriot Act, which calls for secret "sneak-and-peek" warrants. Might this be an example of poetic justice?



139 posted on 04/28/2005 10:00:39 AM PDT by sheltonmac ("The condition upon which God hath given liberty to man is eternal vigilance." -John Philpot Curran)
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To: skip_intro

I'm not THAT interested....only interested in WHY they did not release them when all others running for that office have. Makes one think there IS something to hide.


140 posted on 04/28/2005 10:01:07 AM PDT by Carolinamom
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