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This time the issue is advanced medical directives and their interpretation by courts: New regulations permit these court rulings—which are often literally a matter of life and death—to be held in secret. This is terrible development. We have open courts in free societies for a reason. Secrecy permits corruption, discrimination, and heightens the potential for profound injustice. Indeed, secrecy permits the law not to be followed at all.

Living will disputes are not issues of national security where confidentiality is sometimes justified. The way to keep people complacent is to, quite literally, keep them in the dark.


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