Friday, October 18, 2019
Analysis Paper Assignment Example | Topics and Well Written Essays - 750 words - 2
Analysis Paper - Assignment Example The defendant in this trial was U.S Department of Justice and they put forward their arguments. The argument of the defendant was that The Controlled Substances Act has formed a nationwide system which control and regulates controlled substances. The defendant argued by using anà informative ruleà stating physician-assisted suicide basically debased the "Controlled Substances Act"à (CSA), and it would lead to the cancellation of the license of the physician. The Trial Court gave its decision. The Trial Court gave its decision in favor of Oregon State. The Trial Court reached to the decision that The Department of Justice had no right to deal with the issue of physician-assisted suicide under the "Controlled Substances Act". This decision put forward the fact that CSA was concerned with the management of banned drugs and did not have to play a role in the healthcare field. The Trial Court stated that medicals decisions were matters of the States. The Appellate Court confirmed that The Department of Justice had appealed. The appellate court was the Supreme Court of the United States. Supreme Court stated that Congressââ¬â¢ decision was clear and they also confirmed the purposes of CSA, which were to keep a check on the use of banned drugs and the regulation of criminal activity. Supreme Court gave reference of Chevron Doctrine in which courts were not bound to abide by the judicial decisions of The Department of Justice. The Supreme Co urt brought into their knowledge that the federal government had the authority to keep a check on the medications that were used in the medical profession. But particularly the CSA did not allow the banning of suicidal medications by The Department of Justice. A dissent was also filed in which an argument was presented that drugs used for the purpose of suicide did not fall in the category of licensed medical practice and
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.