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Thursday, September 6, 2012

Defining the health care "right"

This story does not require much comment. A convicted murderer in Massachusetts has successfully won a lawsuit gaining him access to transgender surgery. http://blogs.wsj.com/law/2012/09/04/judge-orders-sex-change-operation-for-federal-prisoner/ The judge in the suit wrote:
Judge Wolf, describing his 126-page order as “unprecedented,” said that denying Kosilek the surgery was a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment.
From the standpoint of defining limits on positive rights, this case essentially declares there are none. I simply cannot imagine that this will not be overturned. If this goes to the highest court in the land and is upheld, there is essentially nothing that cannot be successfully sued for in court in the health care arena. What additional medical interventions can those incarcerated with lots of time to think about gaming the system come up with? I can only imagine....

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