Should the Supreme Court recognize a constitutional right . . . ?

Question

allowing terminally ill patients to use prescription medications that have not yet been approved by the FDA if, according to some reputable doctors, those medicines may help?

For future reference, a one word or extremely succinct answer that does not employ reasoning or make an actual argument is unhelpful.

Answer 1

Unless a protection (right) is explicit in the Constitution, it would have to be a "fundamental" right to get constitutional protection.

Fundamental rights are those "implicit in the concept of an ordered liberty" (meaning society cannot exist without them) or "rooted in our nation's history and tradition" (meaning we've always done it that way).

The right to take medications that have not been approved by federal agencies would not likely fall within either category.

Also the court would likely determine that the issue is "non-justiciable", meaning that it should be resolved through the normal statutory political process, and not by the courts.

So, while I personally think that people (adults) should be allowed to put anything they want into their bodies, the court is not likely to uphold that as a constitutional right. Especially not the uber-conservative current bench.

Answer 2

And which constitutional right specifically provides you the freedom to use drugs which have not passed the FDA??
I am surprised the founding fathers would even write such language since the FDA predated them by a few centuries. Sounds like you are fudging up some facts.

Answer 3

Of the people, of course it should but don't hold your breath with your new GWB supreme court..they are there to do the exact opposite..and "shareholder's rights"..that will probably be upheld but no where in the constitution does it exist.

Answer 4

i dont think so. the only medial procedure they have reconized is an abortion and there is really shaky legal basis for that decision( so shaky that the two originalist on the court want to overturn it.). Short answer no. Should states allow it yes.

Answer 5

No.