Re: Fwd- Supreme Court Decis

["Marc Rotenberg" <rotenberg@epic.org>]

          Reply to:   RE>Fwd: Supreme Court Decision
  
  
  
  
  Alex makes some good points, but I would note the following:
  
  First, it is a mistake to look to Scalia's opinion to understand
  the scope of the Court's decision in Jaffee v. Redmond. Scalia
  is writing in dissent and is taking every opportunity to
  narrow the Court's opinion.  There is no reason for us to do
  the same.  He lost.  We won.
  
  Second, the law of privilege is "a shield, not a sword." That means
  it can be used to protect against certain inquiries but it cannot
  generally be used to protect those same matters when an individual
  initiates a civil proceeding. 
  
  Where does all of this leave us?  With a very good Supreme
  Court decision on the therapist-patient privilege, and with
  a clear need to enact statutory safeguards for more
  comprehensive privacy rights in medical records.
  
  Marc Rotenberg
  EPIC.