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Re: Fwd- Supreme Court Decis
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.