[IP] more on Wow... no privacy left, is there?
From: "Meeks, Brock (MSNBCi)" <Brock.Meeks@xxxxxxxxx>
Okay, I'm no lawyer and I don't even play one on TV, but I've sat through
my share of trials and written more words about legal cases than I care to
remember.
So let's realize this whole DOJ wanting to peek into health records isn't
as cut and dried nefarious as it may seem at first blush. And believe me,
I'm NO supporter of Ashcroft and the way he is running rough shod over the
Constitution.
As I understand this case, the DOCTORS in the case are claiming there are
definite life saving health reasons for doing late term abortions. And in
fact, their court documents site UNNAMED persons and give sketchy details
of where such abortions were done to save lives.
Well, as we all should know by now, the world of the court room might as
well be Mars; it's a different planet inside the court room. Sure it's
bound by "laws" but not common sense law that most of the world operates by.
So, the fact that the DOCTORS have cited medical procedures and cases but
gave no details means the DOCTORS themselves have OPENED THE PRIVACY DOOR.
How in the world can the government be expected to prepare its case if it
isn't given ALL THE FACTS? And "all the facts" mean they have to have
those patient records alluded to the court filings so they can make their
own assessment.
Now, we may not like that but it's the doctors that opened the door.
Human rights groups have (rightly) been arguing that the DoJ is conducting
trials of alleged terrorists without turning over the FACTS they've only
alluded to in court documents. Just as the DoJ should be required to turn
over all its evidence, it would seem that in this case, the DoJ request to
see the factual information is somewhat justified.
Do I agree with allowing the DoJ (or anyone else) from seeing medical
records? Of course not, but once you open a door in the courtroom it's
awfully hard to shut it after the fact.
--Brock
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