Monday, January 14, 2008

Supreme Court Refuses Medical Rights For Terminally Ill Patients

Without even bothering to take a look, the Supreme Court rejected an appeal over the right for terminally ill patients to use experimental drugs in the fight for their lives:

WASHINGTON (AP) -- The Supreme Court refused Monday to review a ruling that terminally ill patients have no constitutional right to be treated with experimental drugs - even if that means the patient will likely die before the medicine is approved.

A federal appeals court, siding with the Food and Drug Administration, last year said the government may deny access to drugs that have not gone through extensive testing and received FDA approval. The process can take years.

The Supreme Court did not explain its decision to leave the appeals court ruling undisturbed. Chief Justice John Roberts did not take part in the action.

What a surprise! The one branch created to keep the constitution intact, effectively saving the rights of the people from authoritarian government, now sides with them.

Abigail Alliance was created by Frank Burroughs, whose daughter, Abigail, was denied access to experimental cancer drugs and died in 2001. The drug she was seeking was approved years later.

The alliance said all it was asking for "is a right for terminally ill patients with no remaining treatment options to fight for their own lives."

The FDA said the appeals court was correct and in line with other rulings "that have rejected constitutionally based demands for access to unapproved investigational drugs."

You heard it right, you don't have a constitutional right to drugs unless the FDA says so. It's funny that a conservative leaning Supreme Court doesn't hold to their affirmed beliefs to the right to life.

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