“The huge fundamental issue is do we want the government saying ‘we’re unsure about this, therefore we prohibit it until we can be sure it’s safe’?” Berman said. “Or do we say ‘some people are benefiting from this, even if there is risk, let it be legal until we get proof that it’s more harmful than healthy?’”
“The statute broadly gives immunity for a lot of things. For example, if you’re following the orders or directive of a power of attorney or if you are following reasonable medical care,” Simmons said. “It allows you to give medication if you’re trying to give comfort or to relieve pain but not for the purpose of causing death.”
“Senator McConnell is a key gatekeeper for Senate votes and passage, and I have no reason to think he wants to see any significant reforms enacted in the coming year, especially after he got hemp reforms passed late last year,” Berman said.
Professor Cinnamon Carlarne was quoted in the City Lab article titled, Why Toledo Just Gave Legal Rights to Lake Erie. “One of the biggest challenges that the [Lake Erie] Bill of Rights will have is moving from vision to […]
“It makes it more complicated in a case like this because as you say these medications are often used to some degree on patients like this and there’s always a risk even if you have a perfectly competent doctor who is not committing a crime that death will occur,” Simmons said. “So you have to prove that not just that death occurred but that death occurred because of criminal actions by the defendant.”
“It’s clear that they anticipate people trying to minimize the liability, perhaps in creative ways,” Hoffer said.
“There will be a question raised as to whether a court should get into this quite so early,” Shane said.
“I don’t think anyone can confidently predict where we’re going to be five, ten, or 20 years from now on this,” Berman said.
Undoing the court’s substantive due process analysis is “wildly unlikely given how much Constitutional law has now been built on the foundation of the due process clause,” Shane said.
“The scale is stacked on the side of the employer,” Colker said.
“Even though Trump’s political maneuver to get around an uncooperative Congress looks like it stretches the Constitution, the questions presented in court will raise ordinary and complicated issues of administrative law,” Shane said.
“In a potential judicial dispute over the wall, the Democratic-led House would argue that the Defense Department was undermining Congress’ appropriations power by spending funds that had not been authorized for that purpose,” Shane said.