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Old 05-26-2004, 03:56 PM   #829
Not Me
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Quote:
Originally posted by Mmmm, Burger (C.J.)
Is a loss in the ninth circuit really a loss? I think Hank's usual scoring mechanism may come into play on this one.
From the summary, it seemed like a reasonable ruling. The federal government doesn't get involved in how medicine is practiced because historically, this has been a function of the states. Even the FDA doesn't regulate doctors, just the manufacturers of drugs/devices/biologics. The only possible kink in that reasoning is that a doctor must be registered with the DEA to prescribe controlled substances. But you could argue that the registration is not regulating how medicine is practiced.
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