The health exception is based on professional respect and regard for doctors. Health is anything a doctor says it is, and neither legislators nor judges should be redefining it. I don't think it can be abused.
More Quotes from David Garrow:
I come away with a very strong impression that Roberts will be a much more classical judicial restraint justice than any of the current justices. He betrays no real policy agenda.David Garrow
It's a real, powerfully original argument the U. S. solicitor general is making here. And Roberts is not only indisputably the fifth and controlling vote so long as Kennedy agrees with him, Roberts will control how far the Court majority chooses to take this.
David Garrow
I very much think Sandra Day O'Connor will indeed remain a 'real' justice.
David Garrow
Judge Roberts has a combination of substantive expertise and stylistic smoothness ... He's likely to fly through this without anyone laying a fingernail on him.
David Garrow
the serious constitutional heavy lifting is done in the Justice Department.
David Garrow
A committed conservative with interpersonal skills equal to or superior to Rehnquist's would be a far more effective chief justice than a nominee of equal intellect who lacks those graces.
David Garrow
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