“Opponents argue that many of the rules — like widening hallways and making operating rooms bigger — are unnecessary for safety and could put [offices] out of business because of the expense.”

September 15th, 2011

Pesky conservative and libertarians arguing against oppressive government health and safety regulations that could cost businesses profits, and destroy jobs, right? Nope. I substituted the word [office] for “clinic.” See what I did?

Upate: Relatedly is Justice Thomas’s concurring opinion in Gonzales v. Carhart:

I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it. See Cutter v. Wilkinson544 U. S. 709 , n. 2 (2005) (Thomas, J., concurring).