The Spectacle Blog

Ayotte: A Limited Invalidation?

By on 11.30.05 | 12:07PM

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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