MedWorm provides a medical RSS filtering service. Over 6000 RSS medical sources are combined and output via different filters. This feed contains the latest medical blog items that have been tagged with 'constitutionality'. Sat, 03 Sep 2011 02:49:11 +0100 http://www.medworm.com/index.php?rid=4704620&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F24L-ViQ4CWI%2F By Ilya ShapiroThe legal battle over SB 1070 is far from over, so neither side should cheer or despair. The upshot of the Ninth Circuit’s splintered and highly technical opinion is merely that the district court did not abuse its discretion in enjoining four provisions. The court could not and did not rule on the legislation’s ultimate constitutionality and, of course, SB 1070’s remaining provisions—the ten that weren’t challenged and the two on which Judge Bolton rejected the government’s argument—remain in effect. But the legal machinations are only half the story. While I personally think that all or almost all of the Arizona law is constitutional, at least as written (abuses in application are always possible), it’s bad policy because it harms the state’s economy and ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4704620 Tue, 12 Apr 2011 16:04:59 +0100 4704620 http://www.medworm.com/index.php?rid=4560277&cid=t_113368_87_f&fid=39187&url=http%3A%2F%2Fgetbetterhealth.com%2Fhealthcare-reform-continues-as-judge-relents%2F2011.03.07 A federal judge who’d ruled healthcare reform was unconstitutional and that his decision as a federal judge was the equivalent of an injunction has relented. Healthcare reform can continue in the states, pending appellate and Supreme Court review. “The sooner this issue is finally decided by the Supreme Court, the better off the entire nation will be,” wrote federal judge Roger E. Vinson, who’d decided that the healthcare reform act’s mandate that people buy insurance or face penalties overextended Congress’ powers under the commerce clause of the constitution. One reason for granting a stay, despite his previous clear intent that healthcare reform cease, includes his statement (on page 18) that: “Can (or should) I enjoin and halt implementation of... Better Health blogs http://www.medworm.com/rss/comments.php?id=4560277 Mon, 07 Mar 2011 17:00:00 +0100 4560277 http://www.medworm.com/index.php?rid=4377554&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FTJzTFPdiFrM%2F By William A. NiskanenA new House rule requires that every new bill or joint resolution introduced in the House include a statement citing the specific powers in the Constitution granted to Congress to enact the proposed law.  In the absence of such a statement, the clerk of the House will not accept the bill and it will be returned to the sponsor. This new rule may have two potentially valuable effects: For some time, this rule may have a valuable educational effect, reminding new House members, returning members, and the public that Article 1, Section 8 of the Constitution authorizes only 18 federal powers – far fewer than the powers that the federal government has assumed, especially during the past 75 years. The constitutional citations for House bills that are approved would be pa... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4377554 Thu, 20 Jan 2011 20:12:28 +0100 4377554 http://www.medworm.com/index.php?rid=3786125&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FQCiySqC-Xb0%2F By David BoazCato senior fellow Randy Barnett is the subject of the Wall Street Journal’s nearly-full-page Weekend Interview. Randy talks about interpreting the Constitution with “a presumption of liberty,” the subtitle of his book Restoring the Lost Constitution; about the Supreme Court’s expansion of government power from Wickard v. Filburn to Gonzales v. Raich; and especially about the constitutionality of the new health care bill and its individual mandate. Randy wrote an amicus brief with Cato in support of the Virginia attorney general’s challenge to the health care mandate. “What is the individual mandate?” Mr. Barnett says. “I’ll tell you what the individual mandate, in reality, is. It is a commandeering of the people. . . .... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3786125 Sat, 24 Jul 2010 21:38:11 +0100 3786125 http://www.medworm.com/index.php?rid=3733067&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2Fcneq2LZfkO0%2F By Tim LynchYesterday, the Obama administration filed a lawsuit challenging the constitutionality of Arizona’s recently enacted law that is designed to curb illegal immigration. The Arizona law has not yet taken effect — that will occur on July 29.  To generate more discussion and debate, Cato will be hosting a policy forum on the legal challenge and related issues on July 21.  If the weather in DC continues to cooperate, it will feel like we are actually in Arizona. Go here for Cato work related to immigration policy. (Source: Cato-at-liberty) Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3733067 Wed, 07 Jul 2010 15:55:20 +0100 3733067 http://www.medworm.com/index.php?rid=3603576&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F-kewZWjtEQY%2F By Andrew J. CoulsonNRO editor Robert VerBruggen has weighed in a couple of times this week on the relative merits of school vouchers and education tax credits, raising interesting and important issues. In response to my earlier post today about an education tax credit case now before the U.S. Supreme Court, VerBruggen writes: If the Supreme Court buys this logic — which I suppose is sound on its face — it could lead to some very interesting programs. Any time it’s illegal for a government to fund something directly, it could simply make a dollar-for-dollar “tax credit” program for it, allowing sympathetic taxpayers to technically “donate” — but actually just redirect the taxes they’d otherwise have to pay — to the cause. This is actually an argument presented by critic... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3603576 Wed, 26 May 2010 19:15:06 +0100 3603576 http://www.medworm.com/index.php?rid=3403864&cid=t_113368_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FdQSIqxb43kA%2F By Ilya ShapiroThe Hill asked me the following question: Thirteen state attorneys general have filled a lawsuit claiming that the new healthcare reforms are unconstitutional.  Is this a real legal challenge or a political stunt? Here’s my response: The challenge is very real—and necessary—but we are in uncharted territory here so it’s difficult to predict how courts will react.   The strongest and most important legal argument attacks the constitutionality of the individual mandate to buy a certain approved health insurance plan. Never before has the federal government—or any other—tried to force Americans to buy a particular good or service. Never before has it said that every man, woman, and child alive has to purchase a particular product, on penalty of civil or c... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3403864 Thu, 25 Mar 2010 12:52:26 +0100 3403864 http://www.medworm.com/index.php?rid=1111883&cid=t_113368_87_f&fid=35052&url=http%3A%2F%2Fwomensbioethics.blogspot.com%2F2007%2F12%2Fepa-vs-states-round-2.html (Source: Women's Bioethics Blog) Women's Bioethics Blog blogs http://www.medworm.com/rss/comments.php?id=1111883 Fri, 21 Dec 2007 17:39:00 +0100 1111883 http://www.medworm.com/index.php?rid=1108703&cid=t_113368_87_f&fid=35052&url=http%3A%2F%2Fwomensbioethics.blogspot.com%2F2007%2F12%2Fsimple-constitutional-issue-made-murky.html (Source: Women's Bioethics Blog) Women's Bioethics Blog blogs http://www.medworm.com/rss/comments.php?id=1108703 Thu, 20 Dec 2007 16:42:00 +0100 1108703 http://www.medworm.com/index.php?rid=552248&cid=t_113368_140_f&fid=35465&url=http%3A%2F%2Fpsychlaws.blogspot.com%2F2007%2F03%2Fright-to-be-psychotic.html Dr. David Fennell, the outgoing Atascadero medical director, in today's LA Times:A lot of times, a family will say: 'Please treat our son. He's ill.'"And I say: 'I'm sorry. I can't.' I know it's the best thing for him medically. But as a society we have decided you have the constitutional right to be very psychotic and medically ill — and miserable."The Treatment Advocacy Center (www.treatmentadvocacycenter.org) is a national nonprofit dedicated to eliminating barriers to the timely and effective treatment of severe mental illnesses. TAC promotes laws, policies, and practices for the delivery of psychiatric care and supports the development of innovative treatments for and research into the causes of severe and persistent psychiatric illnesses, such as schizophrenia and bipolar disorder.... Treatment Advocacy Center blogs http://www.medworm.com/rss/comments.php?id=552248 Fri, 16 Mar 2007 14:21:00 +0100 552248 http://www.medworm.com/index.php?rid=552245&cid=t_113368_140_f&fid=35465&url=http%3A%2F%2Fpsychlaws.blogspot.com%2F2006%2F06%2Fscotus-ruling.html The Court ruled Arizona's law on the insanity defense does not violate constitutional due process and upheld Arizona's definition of the insanity defense. Resources for reporters on U.S. Supreme Court: Clark v. Arizona.The Treatment Advocacy Center (www.treatmentadvocacycenter.org) is a national nonprofit dedicated to eliminating barriers to the timely and effective treatment of severe mental illnesses. TAC promotes laws, policies, and practices for the delivery of psychiatric care and supports the development of innovative treatments for and research into the causes of severe and persistent psychiatric illnesses, such as schizophrenia and bipolar disorder. (Source: Treatment Advocacy Center) Treatment Advocacy Center blogs http://www.medworm.com/rss/comments.php?id=552245 Thu, 29 Jun 2006 20:50:00 +0100 552245 http://www.medworm.com/index.php?rid=552242&cid=t_113368_140_f&fid=35465&url=http%3A%2F%2Fpsychlaws.blogspot.com%2F2006%2F06%2Fnj-senate-votes-today.html The full New Jersey Senate will vote on SB 1093 TODAY at 2:00 pm. It is supported by grops like NAMI New Jersey, The New Jersey State Association of Chiefs of Police, and The New Jersey Psychiatric Association.It was also recommended by The New Jersey Governor's Task Force on Mental Health. "The Task Force concluded that any comprehensive reform of a mental health system requires that the needs of the people with the most severe and persistent mental illnesses be addressed," said Task Force Chair Bob Davison."Our careful deliberations and extensive research led us to conclude that for those who are too ill to access mental health services, IOC strikes the appropriate balance of individual's well being and their constitutional liberties."The Treatment Advocacy Center (www.treatmentadvocacyc... Treatment Advocacy Center blogs http://www.medworm.com/rss/comments.php?id=552242 Thu, 22 Jun 2006 14:56:00 +0100 552242