FDA Doesn’t Have The Discretion It Thought It Had

Law360, New York (April 26, 2012, 1:28 PM EDT) -- Of all the areas in which we’d have expected to see the U.S. Food and Drug Administration's (FDA) discretionary wings clipped, drugs used in lethal injection executions didn’t come to mind. But we recently read Beaty v. FDA, 2012 U.S. Dist. LEXIS 41397 (D.D.C. Mar. 27, 2002), and that’s exactly what it involved. It provides an unexpected but indisputably interesting backdrop for the discussion.

In Beaty, a group of death row inmates challenged the FDA’s decision to allow certain states to use thiopental, an anesthesia drug...
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