[mbraynard]

That is a very weak and very flimsy argument. It assumes that a state liscence is necessary, it assumes that the state has total control over how the doctor and his patient choose to practice medicine if a liscence is granted, and the differentiation between a restaruant liscence (because smoking isn't a 'food????') is also very, very weak.

You are not familiar with how restaurant inspections work. The environment of the restaruant is considered - I just read today of a restaraunt being cited because of stained ceiling tiles. 2nd hand smoke is much worse than stained tiles. I could and an unlimited number of others could testify how hazardous 2nd hand smoke is to us. By your reasoning, this would allow the government to terminate someone's property rights.

This law continues to open the door to limit freedoms and personal property rights.

There is no evidence that a doctor causes any actual violation of any right whatsoever by asking the question. You mention malpractice - that is a civil litigation matter and the right place to dispute this - a doctor giving bad advice.

Your attempt to stretch the 2nd amendment right into this is as bad or worse than the stretching of the commerce clause to limit guns within proximity to a school. And like that law, this one is probably also going to be ruled unconstitutional - correctly so.

[SUSSA]

As I said in the beginning, you are an anarchist who would be happier in Somalia. Doctors aren’t regulated there. Anyone who wants to can call himself a doctor and practice any way he wants.

The scientific evidence means nothing to you and you seem to be intellectually incapable of comprehending the difference between property rights and regulating professional services. Nor does it seem that countering Doctors Against Handgun Injury and The Brady Campaign to Prevent Gun Violence (or whatever they are calling themselves this week) is important to you.

Regulating professional speech and services has nothing whatever to do with property rights. It is no more a violation of property rights than banning hollering “FIRE” in a crowded theater. I’m sorry that you are not able to comprehend this, but you are free to hold any opinion you want, just as you are free to disbelieve the vast majority of scientific evidence and people are free to believe the world is flat.

Have fun trying to convert our republic form of government to anarchism.