Why was the SCOTUS (9-0) ruling on Ruan/Kahn A NON STARTER ?


The June 2022 SCOTUS ruling that the DEA must NOT USE OBJECTIVE CRITERIA in judging prescribers in what they prescribe to pts dealing with SUBJECTIVE CRITERIA.

From Chatgpt: The primary function of the Supreme Court of the United States is to serve as the highest judicial authority in the country. The Supreme Court is the final arbiter in interpreting the Constitution and federal laws. Its main functions include:

  1. Judicial Review: The Supreme Court has the authority of judicial review, which allows it to review the constitutionality of laws, executive actions, and lower court decisions. This power was established in the landmark case of Marbury v. Madison (1803).
  2. Interpreting the Constitution: The Court plays a crucial role in interpreting the United States Constitution. It clarifies the meaning of constitutional provisions and ensures that laws and government actions conform to the constitutional framework.
  3. Resolving Disputes: The Supreme Court has original jurisdiction in a limited number of cases (those involving ambassadors, public ministers, and states). However, the majority of its cases come on appeal from lower federal courts or state supreme courts. The Court decides these cases to provide uniformity in the interpretation and application of federal law.
  4. Setting Legal Precedent: Supreme Court decisions create legal precedent, which means that lower courts are generally bound to follow the Court’s interpretations of the law. This helps ensure consistency in the application of federal law across the country.
  5. Protecting Individual Rights: The Court is often called upon to protect individual rights and civil liberties guaranteed by the Constitution. Landmark decisions such as Brown v. Board of Education (1954) and Roe v. Wade (1973) have had profound impacts on issues of racial segregation and reproductive rights, respectively.
  6. Checking the Other Branches of Government: The Supreme Court acts as a check on the powers of the other branches of government—executive and legislative. By exercising judicial review, the Court can invalidate actions or laws that it deems unconstitutional.

Overall, the Supreme Court is a vital institution in the U.S. legal and political system, providing a critical balance among the branches of government and safeguarding the principles outlined in the Constitution.

From chatgpt:

The primary function of the United States Department of Justice (DOJ) is to enforce the law and defend the interests of the United States according to the law. The DOJ is headed by the Attorney General, who is appointed by the President of the United States and is a member of the President’s Cabinet.

Key functions of the Department of Justice include:

  1. Enforcement of Federal Laws: The DOJ is responsible for ensuring that federal laws are enforced fairly and impartially. This includes investigating and prosecuting individuals and organizations that violate federal laws.
  2. Legal Representation: The DOJ provides legal advice and representation to the President and executive agencies, ensuring that the federal government’s actions are consistent with the law.
  3. Criminal Prosecutions: The DOJ prosecutes individuals and entities accused of violating federal criminal laws. This includes a wide range of offenses, from white-collar crimes to drug trafficking and terrorism.
  4. Civil Rights Protection: The DOJ plays a crucial role in protecting the civil rights of all Americans. This includes investigating and prosecuting cases involving discrimination, hate crimes, and violations of constitutional rights.
  5. National Security: The DOJ is involved in matters related to national security, including prosecuting cases of espionage, terrorism, and other threats to the country.
  6. Legal Policy and Advice: The DOJ provides legal advice to the President and other executive branch officials. It also plays a role in shaping legal policy, including providing input on proposed legislation.
  7. Immigration Enforcement: The DOJ is involved in immigration matters, overseeing the enforcement of immigration laws and handling immigration-related legal issues.

Overall, the Department of Justice plays a critical role in upholding the rule of law, ensuring justice, and safeguarding the rights and interests of the United States and its citizens.

From Chatgpt: 

all federal officials, including cabinet members, take the oath of office specified in the U.S. Constitution. The oath is as follows:

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

This oath is intended to emphasize the commitment of the official to uphold the Constitution and carry out their duties in the best interest of the United States. Members of the presidential cabinet, as appointed by the President and confirmed by the Senate, take this oath upon assuming their respective offices.

Current AG, Merrick Garland,  some believe that he and his agency is pretty much a failure in following the mandates given his agency.  It has been over a years since the SCOTUS ruling on Ruan/Kahn, does anyone believe that the DOJ/DEA has stopped raiding prescriber’s offices based on some sort of OBJECTIVE CRITERIA ? Does anyone believe that the DEA has changed their opinion that 90 MME/day is still the standard of care and best practices and any prescriber providing above that MME/day is violating the Control Substance Act and basically running a “pill mill”? “They” keep stating that no one is above the law, maybe except those who is in charge of enforcing the same laws ?

 

3 Responses

  1. We as CPP’s, pharmacists, counselors, therapists, parents, children of the elderly especially and physicians on the issue of opioids for pain care/management are but one of the many deadly cogs in the current historical outbreak of the tyranny/despotism that has reared its sociopathic head once again. How many cogs will it take for humanity to correct this path, this time? Or how much time and death does it take before people suppress their suppressors in mass?

  2. Well if they continue to take our pain medication away from chronic pain, patients surgery, patients, etc. there will be a large amount of people committing suicide. IMO!
    Sadly,

  3. The DOJ is a failed agency and is fully corrupted; this is to include the FBI, CIA and the whole kit and caboodle. I do believe there are good agents within these agencies that know what is happening to America is wrong. They all need to be fired if they violated their oath to uphold the Constitution.

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