Chiles v. Salazar · ¶172

It is baffing that we could now be standing on the edge of a precipitous drop in the quality of healthcare services in America. But the Court sees ft to bring us one step closer to that fate today. Stranger still is the fact that this possibility looms in the 21st century—given what science now enables us to know about medical conditions and treatments, what our cases say, and what we all should have learned by now from history. Somehow, Justices from eras past have always understood that (as I stated at the outset) “there is no right to practice medicine which is not subordinate to the police power of the States.” Lambert, 272 U. S., at 596. They correctly applied that simple but powerful understanding of our Constitution across the board—to all healthcare professionals, including those with practices that happen to involve treatment-related speech. We do harm to both the Nation's…

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