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High Court Hears First Amendement Case, Decision Might Undermine Roe

5:35 am in Uncategorized by Bill Egnor

Supreme Court

Supreme Court by Matt Ortega, on Flickr

The High Court heard a case yesterday which is being argued on First Amendment grounds. The case arises from the practice of so-called “Data Mining” companies collecting the prescription history of doctors and then aggregating that information and selling it to pharmaceutical companies, who then use it to target market of drugs to specific doctors.

Now, the patients who receive these prescriptions are not known, just that that prescription was written and filled. The State of Vermont passed a law (as well as New Hampshire and a couple of other states) that prohibited this practice. They were taken to court by the data mining companies with the support of the pharmaceutical manufacturers.

Vermont created a law that requires that doctors consent to having this kind of information sold by pharmacies and data mining companies. The State admitted that part of the move to do so was an attempt to control costs. When doctors receive a barrage of marketing about name brand drugs, they are more likely to prescribe them, even if there is a generic that is just as effective. The desire to see more low cost prescriptions is the states interest in this and where they are likely to be in trouble with the High Court

Justice Ruth Bader-Ginsburg asked:

And if that’s the purpose, why doesn’t that run up against what this court has said — that you can’t lower the decibel level of one speaker so that another speaker, in this case the generics, can be heard better?”

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November 2010: Looking Into The Abyss

10:00 am in 2010 election, Democratic Party, Elections, Government, Legislature, Politics, Republican Party by Bill Egnor

Nietzsche said:

“When we look into the abyss, searching for monsters, the abyss looks into us as well.”

Right now we are staring the abyss in the face and there are indeed monsters there. This abyss is the elections this fall. The chance that radical Republicans will take over the House and perhaps the Senate has grown. The affect of constant lies from Fox News and Talk Radio have energized the Republican base. The limp leadership from the White House and from Majority Leader Reid has demoralized the Democratic base.

The passing of many of the Lefts long term wish list items, barely and with tons of ridiculous and galling compromise has created a situation where the Right is fired up and the Left is angry at its own leadership. The conditions are in place for a wave election and the wave is not likely to go the way that we Liberals are going to like in any fashion. . . .

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Court Orders Pregnant Woman To Bed Rest

7:00 am in Culture, Religion by Bill Egnor

Sometimes the level of dysfunction in regards to women’s rights and pregnancy is nothing short of gob-smacking. Take the Florida case of Samantha Burton. Ms. Burton is pregnant. She has two children and in her current pregnancy she is at risk of a miscarriage. She was admitted to the hospital in Florida where her doctors advised bed rest as well until a C-section could be performed. They also insisted that she quit smoking as the affects of smoking complicate pregnancy and increase the chance of miscarriage.

Ms. Burton did not want to quit smoking. She said as much to the doctors. She also explained that with her two toddlers and a job she would lose if she was on bed rest for up to 15 weeks, she was going to get a second opinion. At that point the doctors took it to the State who went to court to have Ms. Burton ordered to bed rest and to undergo “any and all treatments" her doctor ordered in the best interest of the fetus.

Yes, you read that right. An adult woman has been ordered to stay in a hospital where her doctor is hostile to her wishes, to protect the interests of the fetus. The rights of an adult citizen to refuse treatment is being denied because her busybody doctor and a state Judge who does not seem to have a basic understanding of the law think the rights of a fetus trump the rights of an adult.

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