Debating Abigail Alliance

by Jonathan H. Adler

Over on the Federalist Society website, Ed Whelan and I take on Roger Pilon and Curt Levey on the Abigail Alliance case, and the question of whether terminally ill patients have a fundamental constitutional right to access potentially life-saving drugs once the drugs have made it through Phase I of the FDA’s drug approval process.  As you might expect, Ed and I are quite skeptical of such a judicially enforceable constitutional right.

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