All new rights carry the message, you Americans cannot be trusted to do the right thing. The right of one to be offended robs another of the right to free speech. The right of one to a university admission despite a low score robs another of a place fairly earned. The right to a government contract despite a high bid robs another of the right to compete. Every single entitlement relies on the confiscation of another s property.
Patients rights are about to be added.
If we care about the rule of law, we have to accept that all these rights run counter to it. None has a foundation in the Constitution of the United States because the Constitution deals with the rights of The People or of persons not groups. The rights cited above represent the primary threat to the rule of law precisely because they give the appearance of being made of the same cloth as proper law, even though they are not. They may have been placed on the books, they may have been properly voted upon by Congress, they may, even, have been affirmed by the Supreme Court, and yet they will never be legitimate under the rule of law. The remedy for anyone denied genuine, legitimate, constitutional rights such as peaceable assembly is in the strict interpretation, observance and enforcement of those rights.