The Spectacle Blog
If the Court excised the health exception and declared the law invalid in cases of medical emergencies:
Scalia: Why should the doctor who’s negligent and doesn’t know what he’s doing, why should he be protected.
Dalven: We believe that would be unconstitutional to send a doctor to jail for acting in good faith.
Scalia: That would be the case in any medical malpractice case.
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http://spectator.org/blog/2005/11/30/ayotte-a-limited-invalidation
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