Posted on 11/19/2009 7:00:45 PM PST by djf
It can often be dangerous to quote court cases, because the quotes can be taken out of context. But these are pretty clear.
Obviously, direct control of medical practice in the states is beyond the power of the federal government. Linder vs United States, 285 US 5, 1925 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=268&invol=5
The Supreme Court has made the Constitutional principle clear: Obviously, direct control of medical practice in the states is beyond the power of the federal government. State of Oregon V Ashcroft, DC Cv-01-01647-JO, 2004 http://caselaw.findlaw.com/data2/circs/9th/0235587p.pdf
It is elemental that a state has broad power to establish and enforce standards of conduct within it's borders relative to the health of everyone there. It is a vital part of the states police power. Barsky vs Board of Regents, 347 US 442, 1954
The Attorney general "may not regulate the doctor patient relationship to advance federal policy" Conant vs Walters, 309 F 3rd 629, 2002
There are more...
Thank you, these go in my emails to the various Senators tomorrow AM. Thank you, again!
I have long thought the Supremes would shoot them down.
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