Obama orders end to the practice of denying same-sex partners hospital visits

[MysticCat]

Originally Posted by DrPhil

Plenty of politicans see them as interest groups.

LOL. Plenty of politicians see everyone as interest groups.

Originally Posted by Elephant Walk

While it has, that doesn't make it right nor Constitutional even if it's no longer argued.

Whats the Thomas Paine quote "A long standing tradition of thinking something right, it becomes right." (that's absolutely not verbatim)

No I see your point, and I understand it's one that more people than just you hold. My point is simply that the judiciary in general and the Supreme Court in particular -- the branch of government that has the responsibility and authority to decide whether statutes and executive actions are constitutional or not -- has said that this way of doing things is constitutional. Plenty of people can and will disagree with them, but unless the Supreme Court changes its mind, it's probably not much more than a theoretical argument.

Sorry, I was thinking of the courts. The Congress has alot more audacity. The courts have only overturned two.

I was thinking of the courts, too. The courts have overturned lots of federal regulations over the years.

There would be no reason for the courts to overturn this particular action by the President (which isn't, I've realized on looking at it again, even an executive order -- it's a memorandum to the Secretary of Health and Human Services). It doesn't do anything other than ask the Secretary to begin to the rulemaking process and to make additional recommmendations back to the president. There's nothing to challenge in court there, because no final action is taken. The challenge would appropriately come when regulations are actually promulgated and are being enforced. Then an entity subject to those regulations could sue, alleging that the rules exceed the authority given DHHS by Congress.

Since I'm not sure it's been linked anywhere in this thread, here is the President's memo.