If one listens
closely to Conservative opposition to health care reform the refrain from
Conservatives is that government rather than patients and health care workers
will be making health care decisions.
Actually one does not have to listen carefully, Conservatives have been
shouting this from every rooftop someone will let them climb onto.
In one aspect this
turns out to be correct, but not in the way that Conservatives have been
preaching. It seems Conservatives want government
to micro-manage health care for women.
For example here is a law enacted in Oklahoma along with what the Oklahoma State
Supreme Court said about it.
That right, laws enacted by Conservatives that
control the patient-doctor relationship represent the only real government take
over of health care. But even in
conservative Oklahoma
the laws were roundly and solidly rejected by the courts.
All
nine justices on the court joined in the decision involving the
abortion-inducing drugs, while eight justices concurred in the ultrasound
ruling. Justice Noma Gurich, a former Oklahoma County
judge who issued an injunction blocking enforcement of that law in July 2010,
recused herself from the decision.
Earlier
this year, the state Supreme Court halted an effort to grant "personhood"
rights to human embryos, citing the same 1992 U.S. Supreme Court case. The U.S. Supreme
Court refused to take up the case on appeal.
And what radical judicial concept did the Oklahoma justices use to
decide the issue?
The
state's highest court determined that lower court judges were right to halt the
laws. In separate decisions, the Oklahoma
Supreme Court said the laws, which received wide bipartisan support in the
Legislature, violated a 1992 U.S.
Supreme Court case.
The
Oklahoma court said it has a duty to
"follow the mandate of the United
State Supreme Court on
matters of federal constitutional law."
Well no wonder Conservatives are upset, they say they
revere the Constitution and here it is that the Constitution and Constitutional
law turns on them. We imagine the
Constitution just has no concept of gratitude towards Conservatives.
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