A right you can't sue to defend isn't a right™
The missing piece under HIPAA is a lie, the Screen-Out, and the ADA with no teeth: the private right of action — the power of the person actually harmed to walk into court themselves. Hand someone a "right" but route all enforcement to a regulator who may never answer, and you've handed them a suggestion. The oldest instinct in the law is the cure: ubi jus, ibi remedium — where there is a right, there must be a remedy. His framing, labeled his opinion: a private right of action is the amendment the Constitution's promise already implies — a right the holder can't personally defend was never really theirs. It's the same theft forced arbitration commits from the other side: strip the courthouse, keep the "right." Kin: arbitration is a binding lie, human standing, HIPAA is a lie, the Screen-Out. (0g: a general reform argument, his labeled opinion — not a claim about any specific pending matter.) (His coin — machine's read, refine to his.)