February 11, 2010

First Amendment Challenges to Obamacare

As a follow up to Curt's WSJ Op-Ed linked below I wanted to point out this Cato Institute study authored by George Avery of Purdue University titled “Scientific Misconduct: The Manipulation of Evidence for Political Advocacy in Health Care and Climate Policy.” In addition to the litany of litigation Curt outlined we may be able to add a barrage of First Amendment challenges as well. An excerpt:
That bill allows the withholding of funding to an institution where a researcher publishes findings not "within the bounds of and entirely consistent with the evidence," a vague authorization that creates a tremendous tool that can be used to ensure self-censorship and conformity with bureaucratic preferences. As AcademyHealth notes, "Such language to restrict scientific freedom is unprecedented and likely unconstitutional."

h/t Michael F. Cannon at Cato@Liberty

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