So long again
posted by Nicole Huberfeld
Thanks to Dan and the folks at CoOp for letting me loiter for another month. I look forward to seeing you on the other side (of the PPACA litigation, that is). A final topic for coffee talk: can originalism play any reasonable role in healthcare questions given that medical care basically did not exist in 1787? Discuss…
January 31, 2012 at 1:05 pm
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Responses (2)
Daniel S. Goldberg - January 31, 2012 at 1:44 pm
I think I know what you mean, but Benjamin Rush, among many others, would have been very surprised to learn that medical care basically did not exist in 1787.
Ken Rhodes - January 31, 2012 at 2:27 pm
Can originalism …? Well, consider the Kosher laws.
Some would say that they were written by wise men because of prevalent conditions at the time, and now we have proper refrigeration and cooking, so they are no longer relevant. We call them “Reform Jews.”
Others (quite a few, come to think of it) proclaim that the Bible was not written by man, but rather is the direct word of God. And yet they don’t keep Kosher. We call them “Christians.” Go figure!
Until you can get past the religion of originalism, you can’t address the practical considerations.
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