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Joined 1 year ago
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Cake day: July 7th, 2023

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  • Moreover, the law has never permitted doctors to challenge the government’s loosening of general public safety requirements simply because more individuals might then show up at emergency rooms or in doctors’ offices with follow-on injuries. Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions

    Pg 3 of the opinion is pretty clear that launching a case against the government for not banning something will just result in your case being DOA. Yes its technically a standing issue, but they’ve essentially ruled that you can’t have standing to sue under this situation. Effectively ruling on the merits.

    It didn’t protect access in the sense that it prevented legislation restricting it but it did prevent unmerited lawsuits seeking to prevent its national sale.


  • It’ll be a hard time finding another plaintiff with propper standing in a case on this question, given the nature of the medicine.

    Even if they were to get standing, saying the government not restricting something that may cause harm is actionable seems like a tough position to attend. Especially given this line in the opinion:

    Moreover, the law has never permitted doctors to challenge the government’s loosening of general public safety requirements simply because more individuals might then show up at emergency rooms or in doctors’ offices with follow-on injuries. Citizens and doctors who object to what the law allows others to do may always take their concerns to the Executive and Legislative Branches and seek greater regulatory or legislative restrictions