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Headlines: Trump’s SCOTUS Pick Favors FDA

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Headlines: Trump’s SCOTUS Pick Favors FDA

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President Trump has nominated Judge Brett Kavanaugh to the Supreme Court. Kavanaugh’s views on marijuana and the constitution are not fully known, but there are a few cases from his judicial career that do show his deference to the federal Food & Drug Administration. Kavanaugh sided with the majority in a 2007 case before the U.S. Court of Appeals for the District of Columbia Circuit, which determined that terminally ill patients don’t have a constitutional right to access drugs that haven’t received FDA approval. Kavanaugh also upheld the authority of the FDA in a 2013 case, STAT News reported. He argued that the federal agency’s procedure for approving or denying expedited approval of medical devices should be respected. A 2012 case concerning drug testing—for which Kavanaugh wrote a dissenting opinion—is also revealing. The federal judge argued that mandating drug testing of government employees at specialized residential schools for at-risk youth doesn’t violate the Fourth Amendment.

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