Robbin Stewart's Election law blog. "Andy Horning for Senate"
Tuesday, August 30, 2016
Pence and the so-called "right to know." “The public always has a right to know,” he said. Pence did say Clinton and Trump ought to release their health records.
http://www.politico.com/story/2016/08/mike-pence-clinton-health-rigged-election-227557#ixzz4IsF2j3AD https://twitter.com/MatthewNussbaum Pence is wrong. The public has no right to know the medical records of Trump or Clinton (or the other Clinton) or Pence. Roe v Wade held that a woman's health records are between her and her doctor, and protected by a right of privacy. In Walker Chandler v Miller the court held that Georgia could not make candidates take a drug test. Under HIPPA, medical records are protected by federal law. Trump, a landlord, has been up front that he doesn't know much about law. Pence, a former talk show host, should be a bit better educated but apparently isn't. Pence is at least doubly wrong. First, there is no such "right to know". Not under the constitution, the statutes, or natural law. Second, he says "always". Anyone who has studied how to take a multiple choice test knows that a statement with "always" or "never" is usually false. Only a Sith deals in absolutes, someone once said. A policy of medical record disclosure that never had any exceptions could work deep injustice. Pence likely didn't really think through his statement, and probably just means that it's good policy for candidates to disclose their medical issues and records, and I can agree with that. FDR and Truman and Eisenhower and Kennedy all were somewhat disabled at times during their presidencies, and often this involved coverups. Bill Clinton famously "didn't inhale" while Obama was more candid about using and selling drugs as a juvenile. I do not expect Clinton to reveal her own history of drug use, if any, or answer honestly about her current health status. She has an earned reputation as a liar and a fraud, in the grand LBJ tradition, and I wouldn't vote for her because of this basic trait of dishonesty. Trump of course also lies, but doesn't pretend we should believe him. So while I do think Clinton's health is an issue, and her pattern of coverups means the issue won't go away even if she is actually healthy, the public has no right to know Hillary's medical records, or yours or mine, and the media should call Pence on his error. Meanwhile, I look forward to reviewing Pence's own medical records, since he seems to be saying he will disclose them. update: https://m.hrc.onl/secretary/10-documents/01-health-financial-records/2015-07-28_Statement_of_Health_-_LBardack.pdf a letter detailing her health conditions.