Tuesday, June 23, 2009
Is government health care constitutional? Compare to past arguments on gay rights and sex laws
Check this analysis by David B. Rivkin Jr. and Lee A. Casey in the Monday June 22 Wall Street Journal, "Is Government Health Care Constitutional?: The right to privacy conflicts with rationing and regulation," link here. He talks about the Griswold v. Connecticut case in 1965 (involving contraception) and of course Roe v. Wade (abortion). He does get around to Bowers v. Hardwick and Lawrence v. Texas. But I can imagine a connection. In Texas in 1983, in the early days of the AIDS epidemic before HIV (then called HTLV-3) was identified, some right wing elements (the notorious “Dallas Doctors Against AIDS”) tried to introduce into the Texas legislature a state law (HR 2138) that would, among other things, keep gays from working in food preparation or in health care, let alone the military. It’s a scary metaphor. I was living in Dallas then and remember those days all too well.
Attribution link for Wikimedia Commons picture of downtown Dallas.