Alito questioning the infallibility of the FDA


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Posted by confused442 on March 26, 2024 at 11:46:09

which is returned by Katanji Brown questioning the infallibility of the scientific knowledge of jurists. She continues to be my favorite justice.

from raw story

During a hearing that could result in a ban on the abortion drug Mifepristone, Alito asked Jessica Ellsworth, a lawyer for Danco Laboratories, if the FDA was infallible.

"During the questioning of the Solicitor General, the statement was made that no court has ever previously second-guessed the FDA's judgment about access to a drug, right?" Alito said. "Do you think the FDA is infallible?"

...

Moments later, Jackson responded to Alito's question by asking about the "scientific knowledge" of judges.

"So you were asked if the agency is infallible, and I guess I'm wondering about the flip side, which is do you think that courts have specialized scientific knowledge with respect to pharmaceuticals, and as a company that has pharmaceuticals, do you have concerns about judges parsing medical and scientific studies?" Jackson said.

"I think we have significant concerns about that, and there are two amicus briefs from the pharmaceutical industry that expand on why exactly that's so concerning for pharmaceutical companies who do depend on FDA's gold standard review process to approve their drugs and then to be able to sell their products in line with that considered judgment," Ellsworth replied.


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