The link below is to the 33 page 9-0 decision and the text in this blog post is a synopsis from someone else. I have said for years that a potential solution to the war on pts by the DOJ/DEA… would involve law firms and lawsuits. It is not often that SCOTUS comes out in a 9 to 0 opinion. This is very interesting: The Justice Department said it should be an objective standard, not up to each doctor’s whim. It appears that the DOJ has been using a UNDEFINED standard of care and best practices – and the DOJ used some OBJECTIVE STANDARD in treating SUBJECTIVE DISEASES. I have stated before that the DEA was requiring a practitioners to produce TESTS that OBJECTIVELY PROVES the intensive of the pt’s pain. It would also pertain to treating depression & anxiety – other subjective diseases. I am no attorney, but since this was just referred back to the appeals court – that made the decision – the SCOTUS rejected 9-0. Doesn’t mean that the appeal court will not find a “new reason/excuse” to reinstate the previous convictions of these two practitioners. Perhaps the appeal court finds these two practitioners INNOCENT and I guess that double jeopardy applies, but the DOJ may find a “new violation of the CSA” and go back after these two practitioners… After all, it is claimed that anyone taken to federal court – 90%+ are found guilty. These two cases, if left as not guilty, will mess with the DOJ winning percentages.
Supreme Court Rules for Doctors on ‘Pill Mill’ Prosecution Proof
The case is Ruan v. United States, Kahn v. United States, U.S., Nos. 20-1410, 21-5261, 3/1/22.
The US Supreme Court sided with doctors seeking a higher burden of proof in prosecutions for distributing controlled substances like opioids.
In a unanimous decision on Monday, the justices rejected the government’s attempt to make it easier to convict physicians it alleged acted more like drug dealers in prescribing pain killers.
The ruling stemmed from two separate cases prosecuted under the federal Controlled Substances Act for unlawfully prescribing opioids and other controlled substances. Registered professionals are exempt if they prescribe drugs for legitimate medical purposes in the usual course of practice.
The justices vacated the appeals court decisions affirming the convictions and sent the cases back for further review.
The issue was what the government has to prove when it comes to criminal intent. The defendants argued they subjectively believed they were prescribing in good faith.
The Justice Department said it should be an objective standard, not up to each doctor’s whim.
In delivering the opinion of the court, Justice Stephen Breyer said the government must prove beyond a reasonable doubt that the defendant knew that he or she was acting in an unauthorized manner, or intended to do so, after a defendant produces evidence that he or she was authorized to dispense controlled substances.
“Defendants who produce evidence that they are ‘authorized”’ to dispense controlled substances are often doctors dispensing drugs via prescription,” he said. “We normally would not view such dispensations as inherently illegitimate; we expect, and indeed usually want, doctors to prescribe the medications that their patients need.”
Xiulu Ruan, 59, was convicted in Alabama and sentenced to 21 years in prison for running what the government called a “massive pill mill” with a co-defendant in Mobile. Shakeel Kahn, 55, was convicted in Wyoming and sentenced to 25 years for running an enterprise with his brother that the government said targeted addicts and resulted in a patient’s death.
Justice Samuel Alito filed a concurring opinion, which Justice Clarence Thomas joined and Justice Amy Coney Barrett joined in part. While Alito said he would toss out the lower courts’ decisions and remand the case for further proceedings, he said the Controlled Substances Act should be read to preserve a traditional preponderance-of-the-evidence standard.
https://news.bloomberglaw.com/us-law-week/justices-rule-for-doctors-on-pill-mill-prosecution-proof
Like this:
Like Loading...
Related
Filed under: General Problems
[…] community tries to go after publicity or visibility following those SCOTUS ruling… one is: Supreme Court Rules for Doctors on ‘Pill Mill’ Prosecution Proof: 9 to 0 in favor of practitione… where the DEA was stuck down for acting as a legislative body, creating interpretations, rules of […]
[…] Supreme Court Rules for Doctors on ‘Pill Mill’ Prosecution Proof: 9 to 0 in favor of practitione… […]
Thank God! Now with some more litigation for all they have lost those doctors can get back to their life. I don’t like litigation per say but these doctors deserve their life back.
[…] Supreme Court Rules for Doctors on ‘Pill Mill’ Prosecution Proof: 9 to 0 in favor of practitione… […]
[…] Supreme Court Rules for Doctors on ‘Pill Mill’ Prosecution Proof: 9 to 0 in favor of practitione… […]
FREAKEN AMEN,,,AMEN,,,
TO ALLL THEE INNOCENT DOC’S,,,,JUSTICE /TRUTH PREVAILED,,,,FINALLY,,,,
KEEP THAT LAWYER HANDY,
,ITS A GREAT DAY,,IN OUR COMMUNITY,,,,TRUTH TO POWER,,GOOD OVER EVIL,,,CHALK 1 UP FOR THE GOOD GUYS,,,FINALLY,,,,,SHARING WORLD WIDE,,,,,,THE LIARS ARE BEING EXPOSED,,,,,,MARYW