"There is danger from all men. The only maxim of a free government ought to be to trust no man living with
power to endanger the public liberty." - - - - John Adams

Saturday, June 25, 2011

Conservative Supreme Court guts the Bill of Rights

Your freedoms are at the mercy of insane Supreme Court justices who appear
to never have read the Federalist Papers or the Constitution.

Conservatives along with Justice Sotomayor gut the 10th Amendment of the Bill of Rights.

Both the left and the right like to pick and choose which parts of the Constitution that want to enforce on any given day.

This time the so-called "Conservatives" used the 1st Amendment as the pretext to massively expand the power of the Federal government over the states and gut the 10th Amendment.

The "small government" Court ruled that a state is not even allowed to pass laws to regulate businesses within the borders of their state.

The Supreme Court by a 6-3 vote struck down a Vermont law that barred pharmacies, drug makers and others from buying or selling prescription records from patients for marketing purposes. Vermont's physicians had sought passage of the law, arguing that their prescriptions were intended for private use of patients and should not become a marketing tool.

Drug makers buy this data to gear their sales pitches to physicians. Several data-mining firms have made a billion-dollar business out of buying and selling the prescription data to drug makers and researchers.

Writing for the court, Justice Anthony M. Kennedy said that "information is speech," and that under the 1st Amendment, the government usually cannot restrict speech because it does not approve of the message.

INSANITY:  Kennedy is out of his mind.  Your private medical information is not speech.  Plus, any sane and educated person who has read the Federalist Papers and the Constitution understands that states have the power to regulate business within their borders.

This is a giant Big Brother power grab by the Federal government.

Maine and New Hampshire have adopted similar laws, in part to deter drug makers from pressing doctors to prescribe newer and more expensive brand-name drugs.

Dissenting were Breyer, Ginsburg and Kagan. Breyer called Vermont's measure "a lawful governmental effort to regulate a commercial enterprise." The case was Sorrell vs. IMS Health Inc.

Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee, criticized the decision for having "overturned a sensible Vermont law that sought to protect the privacy of the doctor-patient relationship."

For more on this story


Anonymous said...

This is a good example of why Hayek dedicated his book "The Road To Serfdom" to socialists of both parties.

Congratulations on your new blog, Gary. I've been enjoying it, and haven't missed a day since you started.

Thought you may be interested in this: http://www.theatlantic.com/magazine/archive/2011/07/how-to-turn-republicans-and-democrats-into-americans/8521/


Gary said...

Will, thanks for the kind words from deep in the rainforests of Oregon.

I will check out the article. If you see anyting intersting let me know.