I'm a little unclear from your answer to my question whether you consider genetic discrimination to be a legitimate public health evil. You made the comment, or I thought I heard you say, that in terms of the criminal law power, as it relates to health, it must not be interpreted too broadly and I think that is a fair characterization.
I would note that at paragraph 56 of the assisted human reproduction reference, the Supreme Court stated that criminal law power may validly be used to safeguard the public from any injurious or undesirable effect and that, “The scope of the federal power to create criminal legislation with respect to health matters is broad, and is circumscribed only by the requirements that the legislation must contain a prohibition accompanied by a penal sanction and must be directed at a legitimate public health evil”.
Hence, my effort to press you on whether you would acknowledge that this constitutes a public health evil.