PrintMay 16, 2006
Preserving Self-Preservation
This month the D.C. Circuit Court of Appeals affirmed that there is a fundamental right of self—preservation protected by the U.S. Constitution. In Abigail Alliance v. Eschenbach (D.C. Cir. 2006), the D.C. Circuit faced a due process challenge to Food & Drug Administration (FDA) regulations for approval of new medical drugs.
Plaintiffs, represented by the Washington Legal Foundation, claimed persons should be free of government prohibition in obtaining pre—approval stage medications for life—preserving purposes. A 2—1 majority held the plaintiffs raised a valid constitutional claim and remanded the case for a trial. The onus is now on the FDA to prove a compelling governmental interest in prohibiting use of unapproved and potentially risky drugs until official approval is given.
The D.C. Circuit has given explicit recognition to the oft—forgotten right of self—preservation, though it arguably leaves open questions...(Read Full Article)
