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Old 09-11-2021, 12:44 PM   #61
Replaced_Texan
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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Originally Posted by sebastian_dangerfield View Post
In that instance, why would a subpoena be needed? If the PI lawyer represents the Plaintiff/Patient, all he needs to submit is a medical records request on behalf of the Plaintiff/Patient.

Under the TX law, the Patient is a third party to a lawsuit between the abortion provider and a Plaintiff suing the provider. The Plaintiff there (let's call him "Shitball," because that fits) sues the provider and then demands the records of a third party patient whom he alleges received an abortion.

The provider has to notify the Patient before turning those over. Patient then objects to disclosure of private information in a case in which Patient is not even a party.

Do you see a judge overruling the privacy interests of a third party - privacy interests in the most personal and sensitive forms of information imaginable - to satisfy discovery requests from a litigant suing a third party under a statute nakedly enacted for purely political purposes over broad public objection?
I handle subpoenas /requests for one of our facilities, and most of the time plaintiffs just use authorizations to get their own records. Sometimes they'll go the subpoena route just to get the affidavit, but usually it's cheaper/easier just do to a request. And they don't end up fighting with medical records departments (me) about letters of assurance, which I still insist upon even if the lawyer is representing the patient.

Sometimes the judge overrules. Most of the time (in my experience, anyways) the patient doesn't bother to object. I suspect because the patients don't have lawyers/don't know how. It doesn't happen very often where third party records are requested. Usually products liability cases or the like, but even then the lawyers need to have identified the third party and have a sense of what was going on with them.

Note: I do get a lot of third party in the case of medical board subpoenas, but the healthcare oversight exception to HIPAA applies in those instances and usually the patient is the person who brought the complaint, anyways. And of course, criminal subpoenas, which are in the law enforcement section of HIPAA and don't require the letter of assurance, at least on the prosecution side.

If anyone is ever interested in the exceptions to HIPAA 45 CFR 164.512 is the place to go for most of them.

As for "how will judges react", I suspect that the authors/advocates of this bill know EXACTLY which courts to file the suits in and those judges are geared up and raring to go against baby killers and their assistants.

I'm frankly more worried about how OB/GYNs will react. More bad baby cases. More maternal fatalities. Maternal Fetal Medicine folks leaving the state because the risk of practicing in that area is just not worth it. Residency programs losing their ACOG accreditation because they can't train on abortion, therefore not attracting good OB/GYN residents to the state.

The authors of this bill Do. Not. Give. A. Shit. about any of this.
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Old 09-11-2021, 06:01 PM   #62
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

Just wanted to tell you all that I love you. I always think of you and everyone that came before on 9/11. Being on the Findlaw boards on that day and the immediate aftermath will always be part of my memories of the event. We banded together in a way that became super important, and I think is the reason that we remain close here (and elsewhere) two decades later.
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Old 09-12-2021, 07:07 AM   #63
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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Originally Posted by Replaced_Texan View Post
Just wanted to tell you all that I love you. I always think of you and everyone that came before on 9/11. Being on the Findlaw boards on that day and the immediate aftermath will always be part of my memories of the event. We banded together in a way that became super important, and I think is the reason that we remain close here (and elsewhere) two decades later.
Thanks. A lot. Some of us who were there but barely touched, maybe get a little bit of survivor's guilt.

I did everything I could to tune yesterday out completely but then the Mets/Yankees game (which thankfully, I sold my tix to for a fortune) and the endless speeches and interviews with Joe Torre, etc. just had me tune that out.

However, as fucked up as 9/11 was, this country did come together. Post 9/11 there is no way that there would be a divide over whether a terrorist had the right to access a cockpit.

However 9/11 pales in comparison to the events of 2016 forward which started the real downfall of this country leading to the vile divide it is facing today.
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Old 09-13-2021, 12:56 PM   #64
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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Originally Posted by Icky Thump View Post
Thanks. A lot. Some of us who were there but barely touched, maybe get a little bit of survivor's guilt.

I did everything I could to tune yesterday out completely but then the Mets/Yankees game (which thankfully, I sold my tix to for a fortune) and the endless speeches and interviews with Joe Torre, etc. just had me tune that out.

However, as fucked up as 9/11 was, this country did come together. Post 9/11 there is no way that there would be a divide over whether a terrorist had the right to access a cockpit.

However 9/11 pales in comparison to the events of 2016 forward which started the real downfall of this country leading to the vile divide it is facing today.
This place is a good example of people disagreeing but ultimately compromising. There are arguments here that can get quite bitter, but they usually resolve with some form of agreement that a compromise would be the only way to resolve the issue about which we are arguing.

Perhaps naively, I think - or maybe it's more hope - a majority of the powerful and influential people in the country behave in the same fashion.

What's causing the current polarization I think started way, way before 2016. Kurt Anderson nails is quite well in Evil Geniuses (god is that a great fucking book). It's been a long time coming, and Trump was the creation of the myriad causes, rather than its creator. But we can disagree on that.

Fuck, we could disagree on a whole ton of shit. But being thoughtful and circumspect, we'd ultimately compromise where it was required to allow society, govt, both, to function.

What scares me is what I think partly makes RT, and me, and most of us here, fond of the place. Yes, if you were here pre-9/11, there was a moment of bonding in that horror. RT describes it well, and reading her description took me right back to that very day, and the posts made on it, and where I was sitting, and the surreal aspect of what I was trying to grasp as the enormity of the thing came into focus.

But also, though RT doesn't say it, it's implicit: The people here are uniquely smart. It's hard to have an affinity for the dumb, and to come back to your point about polarization, it's the dumb who are causing all the problems. The dumb won't compromise. And there's a whole lot more of them in the country, in various areas, in various schools of thought, than there are the smart.

I may not agree with everyone here all the time, but I know what I'm not going to get when I come here: Dumb. The place is a refuge in that regard. And one can't help but having an affection for that in this day and age.
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Last edited by sebastian_dangerfield; 09-13-2021 at 01:07 PM..
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Old 09-13-2021, 06:09 PM   #65
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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Originally Posted by sebastian_dangerfield View Post
This place is a good example of people disagreeing but ultimately compromising. There are arguments here that can get quite bitter, but they usually resolve with some form of agreement that a compromise would be the only way to resolve the issue about which we are arguing.

Perhaps naively, I think - or maybe it's more hope - a majority of the powerful and influential people in the country behave in the same fashion.

What's causing the current polarization I think started way, way before 2016. Kurt Anderson nails is quite well in Evil Geniuses (god is that a great fucking book). It's been a long time coming, and Trump was the creation of the myriad causes, rather than its creator. But we can disagree on that.

Fuck, we could disagree on a whole ton of shit. But being thoughtful and circumspect, we'd ultimately compromise where it was required to allow society, govt, both, to function.

What scares me is what I think partly makes RT, and me, and most of us here, fond of the place. Yes, if you were here pre-9/11, there was a moment of bonding in that horror. RT describes it well, and reading her description took me right back to that very day, and the posts made on it, and where I was sitting, and the surreal aspect of what I was trying to grasp as the enormity of the thing came into focus.

But also, though RT doesn't say it, it's implicit: The people here are uniquely smart. It's hard to have an affinity for the dumb, and to come back to your point about polarization, it's the dumb who are causing all the problems. The dumb won't compromise. And there's a whole lot more of them in the country, in various areas, in various schools of thought, than there are the smart.

I may not agree with everyone here all the time, but I know what I'm not going to get when I come here: Dumb. The place is a refuge in that regard. And one can't help but having an affection for that in this day and age.
If I’m being honest I wish flower would quit and then Paigs could come back{sad face}
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Last edited by Hank Chinaski; 09-13-2021 at 08:05 PM..
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Old 09-13-2021, 07:02 PM   #66
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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Originally Posted by Replaced_Texan View Post
Just wanted to tell you all that I love you. I always think of you and everyone that came before on 9/11. Being on the Findlaw boards on that day and the immediate aftermath will always be part of my memories of the event. We banded together in a way that became super important, and I think is the reason that we remain close here (and elsewhere) two decades later.
Thanks for this, here and on FB.

Love and respect to you all. Even Sebby.
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Old 09-13-2021, 09:42 PM   #67
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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If Im being honest I wish flower would quit and then Paigs could come back{sad face}
I can probably convince The Daintiest Petunia to make a comeback.
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Old 09-13-2021, 10:00 PM   #68
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Re: Implanting Bill Gates's Micro-chips In Brains For Over 20 Years!

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i can probably convince the daintiest petunia to make a comeback.
Deal!!!
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Old 09-16-2021, 06:12 PM   #69
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From the Yes, Its a Banana Republic Desk

The Sussmann indictment has to be one of the most frivolous things ever floated.

Were going to waste how many millions to prosecute someone for engaging in sleazy, hardball politics?

Im not excusing the behavior, but really? Like, maybe, just maybe, weve slightly more important alleged criminal acts on which to focus?
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Old 09-17-2021, 07:27 PM   #70
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Re: From the Yes, Its a Banana Republic Desk

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Originally Posted by sebastian_dangerfield View Post
The Sussmann indictment has to be one of the most frivolous things ever floated.
Good thread on this by Popehat:

https://twitter.com/Popehat/status/1438887582520147979
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