FDA Tells DC Circ. It Can't Review Execution Drug Ban

Law360, New York (November 6, 2012, 8:36 PM EST) -- The U.S. Food and Drug Administration on Monday asked the D.C. Circuit to reverse a ruling ordering it to block importation of an unapproved drug used in executions, saying its enforcement action decisions are not subject to judicial review.

The agency argued in a brief before the appeals court that a Washington federal judge erred in March when he ordered the FDA to tell states that the use of sodium thiopental in executions is illegal and to stop the entry of the drug into the United...
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