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Re: Clinton's hospital length of stay From: D. Huffman (perinatl@slip.net) Sun Apr 20 08:01:02 1997 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Fred Smythe: "I have a bone to pick with you" Previous message: Fred Smythe: "TGIF, even if it is Sunday already" At 09:22 AM 3/19/97 -0600, you wrote: >> >> snip...snip >> > >It is the Golden Rule. > >He who make the rules gets the gold. The first law enacted, I think, was, >'we are the government, therefore you cannot sue us. We make the rules, >therefore we can do as we please.' Anyone who has attempted to have the >government right a wrong that the government committed will be met with >unprincipled resistance. Rather than admit they are wrong, the will back up >their mistake to insane lengths. You can't fight city hall, cause they made >the rules. > >Really makes me want to be come a libritarian sometimes. > >Rick > >-- >Richard Chudacoff, MD >Assistant Professor, OB/GYN >Baylor College of Medicine > >Practice Medical Director >BaylorMedCare >1601 Main St., STE 505 >Richmond, TX 77469 >tel 281-344-0277 >fax 281-344-0288 > >Advisory Board-OBGYN.net >http://www.obgyn.net/board/chudacoff.htm > >"What a waste it is to lose one's mind--or not to have a mind. How true that >is." > > -Former U.S. Vice-President Dan Quayle addressing the United >Negro College Fund > Perhaps the best example of what you refer to above is a US Supreme Court case by the name of Flood v. Kuhn (Curt Flood of the St. Louis Cardinals and Kuhn, former baseball commissioner). It is the famous baseball "reserve clause" case that upheld baseball's exemption from the anti-trust laws. Years earlier, the Supreme Court (Oliver Wendell Holmes writing the opinion, I believe), in an anti-trust case, said that baseball was an exhibition rather than a business and therefore the anti-trust laws did not apply. This was probably the worst decision he had ever written. In subsequent years, the courts found that the anti-trust laws applied to professional football, basketball, hockey, etc. But not to baseball. Hence the Flood v. Kuhn case finally came up to "set things straight". Harry Blackman, author of the Roe v. Wade decision (and a hero of mine for many other reasons) wrote the opinion. Depending upon how one looks at it, Blackman's opinion was either brilliant or incredibly stupid. Blackman admitted that indeed the court had mad a wrong decision years earlier, but that Congress could have rectified the court's error at any time by a simple act of legislation. But it had not done so. Hence at this late date, for the Supreme Court to change policy and apply the anti-trust laws to baseball would be, in effect, the same as the court writing legislation itself. Hence even though the original decision was wrong, to change it now would be even worse and that the Court defers this to the Congress. As an interesting side, the first part of the opinion was a history of baseball. Harry Blackman was an avid baseball fan and, in fact, he and Chief Justice Burger, both from Minnesota, were referred to as the "Minnesota Twins". Anyway, Byron White, a former All American football player from Colorado, and a former professional football player (Pittsburgh Steelers) joined all of the opinion except the part that gave the history of baseball. I know this is a bit off topic of the mailing list, but it is an interesting story and I ask your indulgence in my presenting it. -- ================================================================== Dean G. Huffman Phone: 217 787-3745 FAX 217 787-0680 (Home) perinatl@slip.net 217 782-9666 217 524-2432 (Office) This is a court of law, young man, not a court of justice. -- Oliver Wendell Holmes, Jr. H ================================================================== Next message: Fred Smythe: "I have a bone to pick with you" Previous message: Fred Smythe: "TGIF, even if it is Sunday already"

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