United States DC Circuit

Holding that the Constitution does not provide terminally ill patients with a right of access to experimental drugs that have passed limited safety is affirmed as there is no fundamental right "deeply rooted in this Nation's history and tradition" of access to experimental drugs for the terminally ill.

Appellate Information

• Argued 03/01/2007
• Decided 08/07/2007
• Published 08/07/2007

Judges

• Before:  GINSBURG, Chief Judge, SENTELLE, HENDERSON, RANDOLPH, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• J. Scott Ballenger argued the cause for appellants.   With him on the briefs were Daniel J. Popeo, David A. Price, and Richard A. Samp., Brian P. Brooks and Arthur W.S. Duff were on the brief for amici curiae John E. Calfee, et al. in support of appellants., John J. Edmonds was on the brief for amici curiae Emil Freireich and Stephen Strum in support of appellants.


• For Appellees:
  
• Jonathan F. Cohn, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jeffrey S. Bucholtz, Principal Deputy Assistant Attorney General, Michael J. Ryan and Rhonda C. Fields, Assistant U.S. Attorneys, Mark B. Stern and Scott R. McIntosh, Attorneys, Daniel Meron, General Counsel, U.S. Department of Health and Human Services, Eric M. Blumberg, Deputy Chief Counsel for Litigation, and Karen E. Schifter, Associate Chief Counsel.   R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Samuel D. Turner was on the brief for amici curiae American Society of Clinical Oncology, et al. in support of appellees., William B. Schultz was on the brief for amici curiae National Organization for Rare Disorders, et al. in support of appellees.