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Rush Limbaugh Loses Appeal Over Medical Records

By Jeralyn, Section Crime in the News
Posted on Thu Apr 28, 2005 at 04:38:03 PM EST
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Rush Limbaugh lost his medical records appeal. This isn't just a blow for Rush Limbaugh's privacy, but for all citizens of Florida.

In October, Florida's 4th District Court of Appeal ruled that the state did not violate Limbaugh's privacy rights when it seized his medical records with a search warrant. Limbaugh's lawyer, Roy Black, has argued that using a warrant gave Limbaugh no opportunity to challenge the seizure.

Here's Roy Black's statement:

There were clearly important issues at stake in this case for every medical patient in Florida. This is evident in the 4-3 split decision of the Florida Supreme Court, the 2-1 split decision of the Fourth District Court of Appeal, and the amicus briefs filed in the case by the Florida Attorney General, the American Civil Liberties Union, the Association of American Physicians and Surgeons, the National Foundation for the Treatment of Pain and the Florida Pain Initiative.

It's may be hard to work up sympathy for Rush personally, but it's easy to support his legal position. Balloon Juice has more. Read the ACLU's press release here.

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    Rush Limbaugh Loses Appeal Over Medical Records | 26 comments (26 topical)
    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#1)
    by Talkleft Visitor on Thu Apr 28, 2005 at 05:20:17 PM EST
    You're right. It is tough to feel sympathetic for Rush on this issue. If he wasn't such an ass....

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#2)
    by Sailor on Thu Apr 28, 2005 at 05:45:18 PM EST
    Hoist on his own petard. Any other citizen would have been serving 15 to life on fed charges as a drug dealer/RICO for the amounts of heroin substitutes he purchased. Is it wrong? Yep. But it happens to all kinds of folks w/o limbaugh's financial resources. Name another drug dealer/abuser that would have the finances to take it to the supreme court.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#3)
    by jondee on Thu Apr 28, 2005 at 06:12:42 PM EST
    The guy that bloviated to thousands over the radio about Jerry Garcia being a burned-out druggie the day after he died. A year of entouragless community service in the hood sounds about right.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#4)
    by Che's Lounge on Thu Apr 28, 2005 at 06:12:47 PM EST
    He's getting the rich man's justice (never seen a jail cell), but I strongly object to this authoritarian invasion of the privacy of a doctor/patient relationship.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#5)
    by barry on Thu Apr 28, 2005 at 06:27:18 PM EST
    Most of us --- those that depend on medical isnurance to pay some of our medical bills --- have no privacy in our medical records anyhow. Besides, given the search warrant, there remains as much privacy in our medical records (uninsured) than in any other records we may have. (The problem is loose search warrants, with respect to ALL of our 'papers'.) In fact, the way the prosecutor handled it, he subjected his actions to a hearing before he could review the documents, so the privacy effect was the same as if there had been a quashable subpoena. No tears for Rush from this quarter. Or for medical privacy, for that matter.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#6)
    by Talkleft Visitor on Thu Apr 28, 2005 at 06:30:44 PM EST
    That's the problem with sticking to your principles, we lefties have to admit we support Rush's doctor/patient privilege. It hurts a bit to support Rush on anything, but there it is. On the other hand, he's a drug user like so many others in this country, so I encourage him to take the twelve step journey and try to stay clean, sober and out of jail.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#7)
    by Talkleft Visitor on Thu Apr 28, 2005 at 06:58:33 PM EST
    The guy who never saw a Patriot Act invasion of privacy he didn't like, now has to CRAWL for a tattered shred of the Constitution he tried to destroy. What an egotistical ADDICT liar. Too bad his audience are egotistical addict liars as well, addicted at least to racism, threats, excuses to rain bombs on the innocent, and aptly-named Rush's convenient bluster to cover their own ears from the echoes of their projected self-hatred.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#8)
    by Ernesto Del Mundo on Thu Apr 28, 2005 at 07:46:09 PM EST
    Fattest. Hypocrite. Ever.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#9)
    by Talkleft Visitor on Thu Apr 28, 2005 at 08:42:03 PM EST
    Paul! What prose! I think we should all read that again... Too bad his audience are egotistical addict liars as well, addicted at least to ,,, aptly-named Rush's convenient bluster to cover their own ears from the echoes of their projected self-hatred.
    That feels as good to read as a (fill in the blank)!! Still supporting privacy rights, feeling sad that I have to support Rush in the process.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#10)
    by Talkleft Visitor on Thu Apr 28, 2005 at 09:09:49 PM EST
    It's a terribly bad precedent. But the irony is palpable: Rush's own vitriolic commentary has supported the same sort of reasoning that lead to this poor decision. He is, in effect, falling on his own sword. It's too damn bad that we may all have to suffer for it. To use his own proclamations for others (I don't agree with): when will this drug-abuser get his prison sentence? I want to see Rush doing ten to twenty. If only because he has stated (before his run-in) that such harshness is okay for others. In light of Rush Limbaugh's chosen defense, what a hypocrite!!

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#11)
    by jimcee on Thu Apr 28, 2005 at 09:15:04 PM EST
    As much as Rush is an ass his case is an honest one. Yes most of everyone's medical records are open to a point but if you have any qualms about your own records being available to all then I would suggest that you reconsider your opinions. Yeah Rush is a contemptable character but who is to say you're not the next one to be put under the magnifing glass? Of course for insurance purposes only........yeah right.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#12)
    by Talkleft Visitor on Fri Apr 29, 2005 at 03:40:25 AM EST
    Pre-meditated M. has it right: "Rush's own vitriolic commentary has supported the same sort of reasoning that lead to this poor decision. He is, in effect, falling on his own sword. It's too damn bad that we may all have to suffer for it. " It's also interesting to note that the ACLU, rightly, filed an amicus brief on his behalf. As Anthony Romero said in the last episode of "NOW" that included Bill Moyers: "Sometimes the rights of everyone attach to unpopular causes." I'm behind Rush on this one; it would be nice if that support for liberty was recognized and he changed his damned hypocrite ways.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#13)
    by Talkleft Visitor on Fri Apr 29, 2005 at 05:02:22 AM EST
    There are to competeing issues here. One: Rush Dildo is hiding behind the right to privacy be cause he was caught breaking the law and deserves everything he gets. Under the present circumstances the gov't actions have been sanctioned. Two: Should we (the left) and others (ACLU,etc) come to his aid over privacy issue and hish constitutional rights. Unfortunately no matter what we(the left) do. The right will attack and blame us. I believe a more insidious message will be sent if limballs get away with it and we have support him! What does that say to every john doe who gets busted for an ounce of crack or pot and is now serving years for it! I vote we(the left) ask the ACLU how many John Does have they filed amicus briefs on their behalf? I vote we support the prosecution of this criminal to the Full extent of the law. Lets save the constitional fight for the little guy. Let rush be saved by his mindless wingnuts on the right!

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#14)
    by Talkleft Visitor on Fri Apr 29, 2005 at 05:45:17 AM EST
    I am generally not in favor of laws that criminalize drug use or drug addiction. I would rather see the bucks go into free voluntary treatment on demand instead of court and prison costs. In my perfect world, Rush could buy all the hydrocodone or whatever he wants. But no public dollars for his care, treatment, prosecution, incarceration. There are better uses for my tax dollars like health, education, social security. This guy is a self-serving idiot and hypocrite. That's all legal. I hope he appreciates the help from the ACLU. I think that particular aspect is deliciously funny.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#15)
    by kdog on Fri Apr 29, 2005 at 06:03:54 AM EST
    A most unfortunate blow to privacy. Karma is a B*tch though, eh Rush?

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#16)
    by Talkleft Visitor on Fri Apr 29, 2005 at 06:20:47 AM EST
    No mercy for this piece of human flotsam. I'll refer you to some of his quotes, if you're tempted to feel sorry for him. Or, if you're feeling lazy, the only one you need: In reference to Bill Clinton's having smoked marijuana- "Did you know that the White House drug test is multiple choice?" No, Plush, we didn't...does it have Hydrocodone on the list, by the way?

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#17)
    by Talkleft Visitor on Fri Apr 29, 2005 at 06:27:11 AM EST
    TL, Blaghdaddy's a litte confused by your editorial position. You disagree with this decision? Why? Blaghdaddy's own opinion, not that of TL: Why do police have notify you if they're going to raid your doctor's office? They're not searching you or your home...your medical records actually are your doctor's, that's why he has them. If he objects to giving the info, as he must, a search warrant is all the authority the police should need... Can you imagine if Blaghdaddy had a right to be "notified in advance" that, say, his basement was going to be searched for cadavers? Gee, just enough time to get rid of the evidence. The police have a hard enough job to do...Blaghdaddy thinks...if they go to a judge and he agrees that they have reason to suspect Rush's records show proof of doctor-shopping, the only way to prove that is by looking at the records. Where in the Constitution does it say people are entitled to be informed of an impending search? You'll find out when they get there. Only a rich celebrity can throw up injunctions and appeals BEFORE the search is even carried out...the rest of us don't have the luxury. The search is good and should stand, and Rush should unplug his mic and think about that for awhile...

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#18)
    by Talkleft Visitor on Fri Apr 29, 2005 at 06:44:41 AM EST
    too bad Rush forgot rep. rules regarding privacy and drugs. if you did not do anything wrong you have nothing to worry about and JUST SAY NO !!!!!

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#19)
    by Talkleft Visitor on Fri Apr 29, 2005 at 06:48:47 AM EST
    Amen, brother...they just finished passing a law that lets authorities in one state seize the medical records of minor girls who have abortions...to try to find molesters, aparently...forgive Blaghdaddy if thinks it's another to try to quash choice by making others afraid to help the minor child out... That's apparently o.k., as long as you leave Rush out of it. Hey Rush....Too Late!! :-)

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#20)
    by Dadler on Fri Apr 29, 2005 at 09:36:50 AM EST
    what seems more sad to me is that our justice system is incapable of judging each case on its own merit. limbaugh's medical records were part and parcel of his pill fraud. you can't investigate one without the other. but understandably people are worried. it's a comment about our society, however, that such mistrust of supposed democratic authority exists to such a degree.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#21)
    by kdog on Fri Apr 29, 2005 at 10:35:03 AM EST
    100% distrust for me dadler. If keeping my medical records private means pill-poppers like Rush get off, I'm fine with it. Then again, I don't think pill-popping/doctor shopping/whatever he did should be illegal, so don't listen to me.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#22)
    by Talkleft Visitor on Fri Apr 29, 2005 at 11:30:46 AM EST
    "...judging each case on its own merit..."
    coupled with:
    "... the medical records were part and parcel of his pill fraud..."
    i don't see the privacy issue affecting/concerning the citizenry. he should feel the "same harshness" he advocates as acceptable for others.
    ...we support the prosecution of this criminal to the Full extent of the law.
    2d!
    Name another drug dealer/abuser that would have the finances to take it to the supreme court.
    could name a few "drug kingpins" (some you've heard of, some maybe not) that have the finances for a SCOTUS hearing/trial, but, we all know getting a case before those "esteemed", requires quite a bit more "choreographing" than mere $$$. ?was this case even worthy of a SOTUS hearing/trial? again, the rethugs in their desperation to "immune" one of their favorites (thinking tom d. and the ethics committee) has taken a course of action that has dire unforeseen consequences for the general citizenry.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#23)
    by Talkleft Visitor on Fri Apr 29, 2005 at 12:20:43 PM EST
    Blaghdaddy thinks that even some well-intentioned lefties have this way, way wrong. If you were a crooked lawyer or stock broker and the cops are going to raid you, YOU DON'T have the right to be notified ahead of time... If your medical records are part of evidence police are seeking (and search warrants are very specific, only "doctor-shopping" evidence could be seized and/or used against Plush), the police have a right to ask a judge for a search warrant. Once the judge says, "Hmmm, you may be right...let's have a look at his records," Plush's rights have been considered, protected and taken into account... The only right Plush had in this case was the right not to be unfairly searched...he hasn't EVEN been searched...it was his doctor. Since when do criminals or suspected criminals have the right to be notified AHEAD of time of police actions? People, people, get your left-leaning heads together and realise no one's rights have been violate, Plush just has a bunch of high-paid lawyers trying to muddy the privacy and rights issue...but there is none.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#24)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:35 PM EST
    "Oh? And when the last law was down and the Devil turned round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's, and if you cut them down -- and you're just the man to do it -- do you really think you could stand upright in the wind that would blow then? Yes, I'd give the Devil benefit of law for my own safety's sake."

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#25)
    by Dadler on Sat Dec 17, 2005 at 12:58:36 PM EST
    kdog, i'm with you. i have to support limabaugh here, too, on the privacy level, and if someone wants to pop pills, fine by me as long as you're not stealing to get it or pysically hurting people under the influence. i was more making a comment on the oddly evolving nature of justice in this country.

    Re: Rush Limbaugh Loses Appeal Over Medical Record (none / 0) (#26)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:36 PM EST
    Blaghaddy says you're all way off...until Blaghdaddy can cop at the local pharmacy for his "herbal remedy," Limbaugh goes down for the count and good riddance... How many people has he helped put away with his flatulence that the loonies righties lap up on their way to the courts to nail the next little guy? It's a bleeding, crying hypocritical shame and Plush the Lush is Toast....Amen!!

    Rush Limbaugh Loses Appeal Over Medical Records | 26 comments (26 topical)