Burzynski: United States Supreme Court

Supreme Court – 1997 – The Dividing Line Between the Role of the FDA and the Practice of Medicine:

A Historical Review and Current Analysis

(Citing Burzynski)

The RIGHT OF PRIVACY is founded in the 14th Amendment’s concept of PERSONAL LIBERTY and restriction upon state action

privacy interest involves

“the interest in independence in making certain kinds of IMPORTANT DECISIONS”

the Supreme Court characterized the latter privacy interest as

“matters relating to marriage, procreation, contraception, family relationships, and child rearing and education”

The Privitera court declined to follow the defendants’ position and held that the types of “IMPORTANT DECISIONS” deemed fundamental by the Supreme Court DID NOT INCLUDE MEDICAL TREATMENT

(“the RIGHT to seek a cure for one’s illness IS NOT A FUNDAMENTAL RIGHT”)

The Supreme Court reversed the decision on other grounds and remanded the case for consideration of the constitutional issues

On remand, the court of appeals held that PATIENTS DO NOT HAVE A FUNDAMENTAL INTEREST IN THEIR SELECTION OF A PARTICULAR TREATMENT and that the availability of specific medication

“is within the area of governmental interest in protecting public health”

(“The premarketing requirement of the [FDA] . . . IS AN EXERCISE OF CONGRESSIONAL AUTHORITY TO LIMIT THE PATIENT’s CHOICE OF MEDICATION”)

The Supreme Court denied certiorari, so it seems clear that PATIENTS DO NOT HAVE A CONSTITUTIONAL RIGHT TO RECEIVE THE MEDICAL TREATMENT OF THEIR CHOOSING and doctors do not have the unfettered ability to provide medical care that is within the jurisdiction of the FDA
http://dash.harvard.edu/handle/1/8846812?show=full
“The U.S. v. Article’~ court stated that the FDA’s responsibility was to protect the ultimate consumer, which included protection of “the ignorant, the unthinking and the credulous.”‘

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