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Rush Loses in the Florida Supreme Court
Yahoo ^ | April 28, 2005 | AP

Posted on 04/28/2005 8:01:01 AM PDT by SoFloFreeper

TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court says it won't consider an appeal from conservative commentator Rush Limbaugh. Today's four-to-three order didn't explain the court's reasoning.

Limbaugh's attorney argues that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.

Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers.

Limbaugh hasn't been charged with any crime. He lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.

Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: aclu; dhpl; doctorshopping; donutwatch; govwatch; haha; liberaltarians; libertarians; limbaugh; medicalprivacy; medicalrecords; privacy; privacyrights; rshatesrush; rush; whatarush; witchhunt; wodlist
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1 posted on 04/28/2005 8:01:02 AM PDT by SoFloFreeper
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To: SoFloFreeper

Just came across AP. Awaiting an URL...


2 posted on 04/28/2005 8:01:35 AM PDT by SoFloFreeper
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To: SoFloFreeper

i'll bet that no one will be able to gain access to terry schaivo's records, though


3 posted on 04/28/2005 8:02:51 AM PDT by InvisibleChurch (Look! Jimmy Carter! History's greatest monster!)
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To: InvisibleChurch

Flori-duh, Flori-duh, Flori-duh.


4 posted on 04/28/2005 8:03:43 AM PDT by GOP_Proud (...stumbling across Bill Bennett on the radio is like bumping into Socrates at Starbucks.-K.Parker)
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To: holdonnow

F Lee Levin is not going to be happy about this. I hope they have grounds to go to a higher court. We all know how corrupt the Florida courts can be.


5 posted on 04/28/2005 8:03:51 AM PDT by Jersey Republican Biker Chick (People too weak to follow their own dreams, will always find a way to discourage yours.)
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To: SoFloFreeper

You knew the Supreme Court was gonna slap him like this. After all he said about them during the 2000 election fiasco...


6 posted on 04/28/2005 8:03:59 AM PDT by theDentist (The Dems are putting all their eggs in one basket-case: Howard "Belltower" Dean.)
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To: SoFloFreeper

They can identify Rush and take his medical records but the Kansas AG can't get anonymous medical records to prosecute illegal abortion procedures? What's wrong here?


7 posted on 04/28/2005 8:05:05 AM PDT by pangaea6
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To: theDentist
They don't get mad, they get even.
8 posted on 04/28/2005 8:05:46 AM PDT by b4its2late (Junk is something you've kept for years and throw away three weeks before you need it.)
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To: SoFloFreeper

Frankly, I don't care personally much if he was able to get mere painkillers "incorrectly" for pain. Libs are trumping this up cuz they hate Rush, but it actually points out how ridiculous it is we have regulations for every stupid thing. Sorry, but when I have strep throat, I know it and don't need to go to the doctor. At worst I should be able to call up and say I need a prescription for it. Libs don't know it of course, but they're setting it up so their hated doctors have more business and money by making every1 go to a doctor every time their finger is pricked by a thorn.


9 posted on 04/28/2005 8:05:49 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue.)
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To: SoFloFreeper

If Rush can't protect his medical records, then NO ONE'S MEDICAL RECORDS are safe! NO ONE'S!.........


10 posted on 04/28/2005 8:07:00 AM PDT by Red Badger (Entrepreneurs find a need and fill it. Politicians create need and fill it........)
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To: Jersey Republican Biker Chick
More:

TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court said Thursday it will not consider an appeal from conservative commentator Rush Limbaugh over prosecutors' seizure of his medical records during an investigation into whether he illegally purchased painkillers.

The 4-3 order did not explain the court's reasoning. Limbaugh's attorney had argued that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.

Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers, but they have remain sealed, pending the outcome of Limbaugh's appeals.

Limbaugh, who has not been charged with any crime, lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.

Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians -- a point which has drawn the support of the American Civil Liberties Union.

Limbaugh's attorney, Roy Black, referred calls to a spokesman, who did not immediately respond to phone calls seeking comment. The Palm Beach State Attorney's Office had no immediate comment.

11 posted on 04/28/2005 8:07:04 AM PDT by SoFloFreeper
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To: GOP_Proud

It's amazing how much stupid stuff is going on in FloriDUH ever since the election.


12 posted on 04/28/2005 8:07:12 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue.)
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To: SoFloFreeper
Florida - the very last place I would want to live.
13 posted on 04/28/2005 8:07:26 AM PDT by Aracelis
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To: SoFloFreeper
The FL Supreme Court ruling has given prosecutors a free hand to go


14 posted on 04/28/2005 8:07:27 AM PDT by Cyclopean Squid (History remembers only what was, not what might have been.)
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To: SoFloFreeper

so what's Limbaugh's next step?


15 posted on 04/28/2005 8:08:06 AM PDT by rface ("...the most schizoid freeper I've ever seen" - New Bloomfield, Missouri)
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To: SoFloFreeper
I never expect anything good from this Floriduh bunch.
16 posted on 04/28/2005 8:08:35 AM PDT by demlosers (Rumsfeld: "We don't have an exit strategy, we have a victory strategy.'')
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To: SoFloFreeper

Why is this breaking news? When I posted links to the live broadcast of Justice Sunday which is far more important and urgent that post was relegated to front page news. Who cares about this besides a few Rush listeners, while virtually everyone is affected by the judges and by Frists participation.


17 posted on 04/28/2005 8:09:19 AM PDT by Raycpa
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To: rface

We may find out in about 1 hour...


18 posted on 04/28/2005 8:09:44 AM PDT by demlosers (Rumsfeld: "We don't have an exit strategy, we have a victory strategy.'')
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To: SoFloFreeper; Born Conservative

ping


19 posted on 04/28/2005 8:10:06 AM PDT by RushCrush (Blind Rushbot- Waiting for instructions from the Maha.)
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To: SoFloFreeper

I guess this means Clinton had better stay out of Florida.


20 posted on 04/28/2005 8:11:46 AM PDT by bert (Hitch Hiker's Guide is coming!! April 29th!!!)
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To: demlosers

Rush is in California today for work on his cochlear implant. Tom Sullivan subbing.


21 posted on 04/28/2005 8:11:57 AM PDT by RushCrush (Blind Rushbot- Waiting for instructions from the Maha.)
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To: SoFloFreeper

So ALL medical records are accessable by bypassing the legal process with an "alternative". Good, when do we start subpoenaing the records of abortion clinics? medical privacy is dead in FL.


22 posted on 04/28/2005 8:12:18 AM PDT by longtermmemmory (VOTE!)
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To: GOP_Proud

Brilliant reply. Maybe your state's next?


23 posted on 04/28/2005 8:12:33 AM PDT by poobear (100% Florida Native)
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To: SoFloFreeper

If he was hooked and illegally purchased prescription medication, he should just come out and say it. People will respect the fact that he has gotten over it. Better to rip the band-aid off in a single stroke.


24 posted on 04/28/2005 8:13:34 AM PDT by BikerNYC
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To: GOP_Proud
"Flori-duh, Flori-duh, Flori-duh." "I can't go to Florida..that's America's Wang!!!" Homer Simpson
25 posted on 04/28/2005 8:14:51 AM PDT by Vaquero ("An Armed Society is a Polite Society" Heinlein)
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To: SoFloFreeper

Rush should appeal this to the Fed Court system.

It is a clear violation of individual privacy rights. The gov't should not be allowed to run around grabbing folks' medical records.

If the reading of rights issue could make it into the federal system, then this should also be an item to consider.


26 posted on 04/28/2005 8:15:19 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: pangaea6

Doesn't makes any sense, does it?


27 posted on 04/28/2005 8:15:23 AM PDT by newzjunkey (Demand Mexico Turnover Fugitive Murderers: http://www.escapingjustice.com)
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To: demlosers
"We may find out in about 1 hour... " no, not from him anyway...he is getting his bionic ear worked on again today.
28 posted on 04/28/2005 8:16:23 AM PDT by Vaquero ("An Armed Society is a Polite Society" Heinlein)
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To: SoFloFreeper

Time to take these left wing bastards to civil court with some hard nosed conservative attorneys and sue them for personal damages and the governmental agencies they worked for.


29 posted on 04/28/2005 8:16:42 AM PDT by Grampa Dave (The MSM has been a WMD, Weapon of Mass Disinformation for the Rats for at least 5 decades.)
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To: Raycpa
Because it *is* breaking news. I do not know of this Justice Sunday thing or why you believe it's so important.

The Rush case is big news for conservatives and privacy advocates.

30 posted on 04/28/2005 8:19:40 AM PDT by newzjunkey (Demand Mexico Turnover Fugitive Murderers: http://www.escapingjustice.com)
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To: SoFloFreeper

The Florida Supreme Court is well on their way to making a political martyr out of Rush Limbaugh. I guess it's the only way they have left to try to squelch political dissent. I send my best wishes to Rush.


31 posted on 04/28/2005 8:20:41 AM PDT by Liberty Valance (If you must filibuster, let the Constitution do the talkin')
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To: SoFloFreeper
There's only one set of rights in Florida. And it depends which class you are. If a person is in the strong class they have the right to take the estates. the medical records, the freedom, and the life of the weak. If a person falls into the camp of the weak -- the only right you have is to be taken from, to be picked over, to be held with no freedom and of course -- you have the right -- indeed the duty -- to die.

It happens that Rush has set his tent in the camp of the weak.

32 posted on 04/28/2005 8:20:52 AM PDT by bvw (I have no problem pushing that rock up hill just to have it fall back on me.)
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To: rface
Imagine he could file for cert to the US Supremes.

A 4-3 decision in that radically liberal Court (considering it's Rush) is tantamount to a victory.
33 posted on 04/28/2005 8:21:04 AM PDT by sirthomasthemore (I go to my execution as the King's humble servant, but God's first!)
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To: SoFloFreeper
The Florida Supreme court took a beating in 2000 by Rush on their intrusiveness in the election.

They are just getting even, although the law is probably not on their side.
34 posted on 04/28/2005 8:22:58 AM PDT by Preachin' (Keep the Kerry/Edwards tags on your cars so we can identify the root of your disease.)
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To: Red Badger
You said, "If Rush can't protect his medical records, then NO ONE'S MEDICAL RECORDS are safe! NO ONE'S!........."

No one but Bill Clinton's medical records, you mean.

35 posted on 04/28/2005 8:23:20 AM PDT by YaYa123
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To: Raycpa
Why is this breaking news? When I posted links to the live broadcast of Justice Sunday which is far more important and urgent that post was relegated to front page news. Who cares about this besides a few Rush listeners, while virtually everyone is affected by the judges and by Frists participation.


Who peed in your cornflakes this morning?

36 posted on 04/28/2005 8:23:38 AM PDT by SoFloFreeper
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To: holdonnow
They should all recuse themselves. Conflict of interest.

Dan
Biblical Christianity BLOG

37 posted on 04/28/2005 8:24:16 AM PDT by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: Grampa Dave
nope.... what goes around comes around..... I say let the libs do this. Allow someone's med record to be made public..... Now lets think... Ted Kennedy... I'm sure he's needed a few things, Clinton's, Mfume, ...now lets stack it up. I'll take my chances with lining up the libs versus the conservatives and releasing the records on plastic surgery, antidepressants, stimulants, abortions, venereal diseases, foreign bodies removed from the body.. etc...

Open season, lets see what happens when we just get an old flashlight and start looking around.

the judges I'm sure have medical issues as well.... might as well let the public see those as well. Nothing like noting alcoholic liver disease in our Supreme Court of Florida or other problems.

How many doctor's offices have exposed records or hospital records of libs.... bunches.

38 posted on 04/28/2005 8:25:29 AM PDT by Dick Vomer (liberals suck......... but it depends on what your definition of the word "suck" is.)
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To: YaYa123

And John Kerry's........


39 posted on 04/28/2005 8:26:11 AM PDT by Red Badger (Entrepreneurs find a need and fill it. Politicians create need and fill it........)
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To: the OlLine Rebel
It's amazing how much stupid stuff is going on in FloriDUH ever since the election.

It's amazing how much stupid stuff is going on in FloriDUH ever since the DAMN YANKEES STARTED MOVING DOWN HERE TO DIE!!!!!!!!!!!!.......

40 posted on 04/28/2005 8:27:52 AM PDT by Red Badger (Entrepreneurs find a need and fill it. Politicians create need and fill it........)
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To: pangaea6

states rights


41 posted on 04/28/2005 8:29:08 AM PDT by joesbucks
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To: Red Badger

Absolutely right. We have no privacy, and they just proved that. I'm betting Rush appeals this all the way up to the top. I'm not a Constitutional scholar, but this seems unconstitutional to me.


42 posted on 04/28/2005 8:29:42 AM PDT by I'm ALL Right! (WWW.TEACH-YOUR-KIDS.COM)
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To: newzjunkey; pangaea6

Phill Kline wasn't seeking records in order to prosecute illegal abortions--he was looking for evidence that the girls seeking abortions might have gotten pregnant by men over the age of 18, and therefore had suffered statutory rape.


43 posted on 04/28/2005 8:30:24 AM PDT by HostileTerritory
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To: poobear
I hope you're not being sensitive to the criticism some are leveling on your state. There is no way you should take that personally.

And of course all of us recognize there are both good and bad things in Florida.

44 posted on 04/28/2005 8:30:51 AM PDT by RushCrush (Blind Rushbot- Waiting for instructions from the Maha.)
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To: YaYa123

states rights


45 posted on 04/28/2005 8:31:02 AM PDT by joesbucks
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To: Dick Vomer

Do both.

In the meantime, sue these bastards for violations of federal and state laws re illegal use and exposure of a patient's medical history.

If any nurse, md or hospital employee did what these bastards did, they would face criminal charges and then be sued in civil courts and lose big time.


46 posted on 04/28/2005 8:31:16 AM PDT by Grampa Dave (The MSM has been a WMD, Weapon of Mass Disinformation for the Rats for at least 5 decades.)
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To: SoFloFreeper

Let's see 4 people in black robes just overturned Roe vs. Wade the way I see it.


47 posted on 04/28/2005 8:31:58 AM PDT by Alissa
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To: Red Badger

ROFL


48 posted on 04/28/2005 8:32:16 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue.)
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To: SoFloFreeper

They're out to get Rush. I hope he drags this all the way to the Supreme court.


49 posted on 04/28/2005 8:32:58 AM PDT by Dr. Scarpetta
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To: Raycpa

Try about 15-20 million listeners a week. Rush has done so much for conservatives. I wonder what your real gripe here is....


50 posted on 04/28/2005 8:33:27 AM PDT by CT CONSERVATIVE (Fight Crime: Shoot Back)
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