SE, NJoy vs FDA -- Discussion

[JustJulie]

No movement on the docket.

[kai kane]

thanks again Julie!

[thephoenix]

I hope that through the ajudication process FDA will realize that it's powers are not limitless.

Right there with you, Serious...

Anyone know the name of the judge who will be presiding over the hearing come September?

That might give a good indicator of which way he/she leans on cases of this nature...

[thephoenix]

Good news . . . the Court of Appeals has accepted the Smokefree amicus brief

Holy Smokes! That's great news...

Or I guess we should switch it to "Holy Vapes!"

[yvilla]

Anyone know the name of the judge who will be presiding over the hearing come September?

It's not a hearing; it's an oral argument. In the US Court of Appeals for the DC Circuit. Appeals in the federal courts of appeal are assigned to a panel of three judges. The order calendaring this case for argument spells out the panel to hear it, as follows:

"It is ORDERED, on the court's own motion, that this case be scheduled for oral argument on September 23, 2010, at 9:30 A.M., before Circuit Judges Garland and Kavanaugh and Senior Circuit Judge Williams."

Here's the September Calendar: http://www.cadc.uscourts.gov/bin/calendar/60day.html

You can read short bios of the judges here: U.S. Court of Appeals - D.C. Circuit - Judges

But you won't really get a sense of how they might lean without researching their opinions in prior cases (or asking someone who is familiar with the decisions coming out of their court). Not practicing either in federal courts in general nor in the DC circuit specifically, I confess total ignorance on them.

[Thulium]

Judge Garland was appointed to the United States Court of Appeals in April 1997. He graduated from Harvard College (summa cum laude) in 1974 and Harvard Law School (magna cum laude) in 1977. Following graduation, he served as law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and to U.S. Supreme Court Justice William J. Brennan, Jr. From 1979 to 1981, he was Special Assistant to the Attorney General of the United States. He then joined the law firm of Arnold & Porter, where he was a partner from 1985 to 1989 and from 1992 to 1993. He served as an Assistant U.S. Attorney for the District of Columbia from 1989 to 1992, and as Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice from 1993 to 1994. From 1994 until his appointment as U.S. Circuit Judge, Judge Garland served as Principal Associate Deputy Attorney General, where his responsibilities included the supervision of the Oklahoma City bombing and UNABOM prosecutions. He has taught antitrust law at Harvard Law School and has served as co-chair of the administrative law section of the District of Columbia Bar.

To me, the bolded point is a bit encouraging. Being especially familiar with antitrust law, that gives me hope that he will be able to see through the FDA's protectionism.

[Bill Godshall]

Per comment by SeriousLevity, from 2004-2009 I repeatedly encouraged many members of Congress (particularly members of the House Health Subcommittee, House Energy & Commerce Committee, and Senate HELP Committee) to amend the FSPTCA for tobacco harm reduction products and policies.

And from 2007-2009, I specifically urged them to adopt an amendment that would have included e-cigarettes in the definition of tobacco products, and that would have required the FDA to conduct and publish a health risk assessment for all different tobacco products (including e-cigarettes).

Unfortunately, Waxman vigorously opposed any and all tobacco harm reduction amendments in the House Health Subcommittee and House Energy & Commerce Committee (that former of which he previously chaired, and the latter of which he continues to chair), while Kennedy (and subsequently Dodd) vigorously opposed any and all tobacco harm reduction amendments in the Senate HELP Committee (which Kennedy chaired, and Dodd presided over during the 2009 markup of the legislation.

[JustJulie]

No movement on the docket . . . have a wonderful weekend!

[JerryRM]

Thanks Julie, you have a wonderful weekend too.

[Luisa]

Per comment by SeriousLevity, from 2004-2009 I repeatedly encouraged many members of Congress (particularly members of the House Health Subcommittee, House Energy & Commerce Committee, and Senate HELP Committee) to amend the FSPTCA for tobacco harm reduction products and policies.

And from 2007-2009, I specifically urged them to adopt an amendment that would have included e-cigarettes in the definition of tobacco products, and that would have required the FDA to conduct and publish a health risk assessment for all different tobacco products (including e-cigarettes).

Unfortunately, Waxman vigorously opposed any and all tobacco harm reduction amendments in the House Health Subcommittee and House Energy & Commerce Committee (that former of which he previously chaired, and the latter of which he continues to chair), while Kennedy (and subsequently Dodd) vigorously opposed any and all tobacco harm reduction amendments in the Senate HELP Committee (which Kennedy chaired, and Dodd presided over during the 2009 markup of the legislation.

That gives me a fright! The cast of characters-minus 1-are still in control of legislation in the House and the Senate and will be until January 2011.