Privacy Rights: Cases Lost and Causes Won Before the Supreme Court
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Because Connecticut failed to prove this, the law was struck down as applied. Other justices, while agreeing that marital privacy is a "fundamental right" and that the Connecticut law should be struck down, disagreed with Justice Douglas as to where in the Constitution such a "fundamental right" exists. In his concurrence, Justice Arthur Goldberg argued that the Ninth Amendment, which states that the Bill of Rights does not exhaust all the rights contained by the people, allows the Court to find the "fundamental right to marital privacy" without having to ground it in a specific constitutional amendment.
In another concurrence, Justice John Marshall Harlan II maintained that a "fundamental right to marital privacy" exists only because marital privacy has traditionally been protected by American society. Finally, in yet another concurrence, Justice Byron White argued that a fundamental right to marital privacy constitutes a liberty under the Due Process Clause, and is protected by the Fourteenth Amendment against the states. Yet, for all their differences, the majority in Griswold v. Connecticut agreed that the "right to privacy," in addition to being "fundamental," was " substantive.
Parrish , the Court had rejected the idea that the Constitution protects "substantive rights," i. In Griswold, however, it ruled that "substantive rights" do exist in non-economic areas like "the right to privacy," even if they do not in economic activities like the right to contract. During the time when Union troops occupied the former Confederate states, the army protected African Americans and enforced these rights, while resentment grew among white Southerners.
By the s the North had tired of the conflict with the South over race relations and civil rights. Racism , moreover, continued to afflict American society in general, including its justice system. In the last of the great Reconstruction statutes, the Civil Rights Act of , the Republican majority in Congress tried to secure by law some semblance of racial equality that could be protected by the government and by courts.
While no one expected that such legislation would change the prevailing racial attitudes held by both Northern and Southern whites, the law aimed to protect African Americans from deprivation of the minimal rights of citizenship. Five cases testing the application of this section rose in both the North and the South, and the Supreme Court combined them for a single hearing in March The government argued on behalf of the Civil Rights Act, declaring that the Thirteenth Amendment had not only abolished slavery but conferred all the rights of free citizens on the former slaves and that the Fourteenth Amendment had given Congress the power to protect those rights through appropriate legislation.
The Court disagreed, and, in the opinion for the 8—1 ruling, Justice Joseph P. In effect, the ruling robbed the amendments of much of their meaning. Bradley argued that, because not every example of discrimination against African Americans could be interpreted as a renewal of slavery, the Thirteenth Amendment could not be invoked as a ban on racial prejudice. Congress could legislate in a remedial manner to correct an unconstitutional law. It could intervene only if a state enacted a law that restricted the rights of African Americans.
Bradley also held that if a state failed to take action but, by inaction, tolerated discrimination—such as exclusion from hotels, restaurants, and clubs—Congress could not legislate. By this decision the court in one stroke nullified all congressional power to protect African Americans under the Fourteenth Amendment and left their fate to the states. It also invited the Southern states not only to tolerate but to encourage private discrimination.
The ruling would remain in force until the Court disavowed it in upholding the Civil Rights Act , nearly a century after the Civil War ended. Justice John Marshall Harlan entered the lone dissent in the Civil Rights Cases , pointing out that the court had eviscerated the Fourteenth Amendment of its meaning.
Illinois , and argued that facilities such as railroads, hotels, restaurants, and theatres performed a public function, a notion that had long been recognized in common law and that served as the basis for regulating those services. Although Harlan wrote in dissent, his theory of state action would be the basis on which the court built up a civil rights jurisprudence after World War II. The U. Cadden was convicted of 57 counts following trial, including racketeering, racketeering conspiracy, mail fraud, and violations of the Food, Drug and Cosmetic Act.
Evidence at trial showed Cadden directed and authorized the shipping of contaminated MPA that caused the outbreak. Cadden also authorized the shipping of other drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, compounded drugs with expired ingredients, and employed an unlicensed pharmacy technician.
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Stratus Pharmaceuticals, Inc. On June 14, , the district court entered a consent decree of permanent injunction against Stratus Pharmaceuticals, Inc. Sonar, a New Jersey corporation, manufactures drugs for Stratus.
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Stratus, a Florida corporation, distributes prescription and non-prescription drugs and owns 80 percent of Sonar. The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the Food, Drug, and Cosmetic Act. In a complaint filed in April, the United States alleged that inspections at Sonar and Stratus revealed violations of current good manufacturing practices that demonstrated a lack of quality oversight of the manufacturing, processing, and testing of drugs such that, if they continued, posed a threat to the public health.
Akinyoyenu pleaded guilty on February 27 to a misdemeanor conspiracy count. From to , Akinyoyenu owned and operated an internet pharmacy called Apex Online Pharmacy. Apex shipped prescription drugs, including addictive pain medications such as Fioricet, Soma, and Tramadol, to customers from across the United States who submitted orders and filled out online medical questionnaires. In pleading guilty, Akinyoyenu admitted that he paid a doctor to review thousands of prescription drug orders for a small fee per order. Akinyoyenu admitted that after the doctor approved the website orders from his home in Florida, Akinyoyenu would ship the pharmaceuticals from his brick-and-mortar pharmacy in Washington, D.
Akinyoyenu admitted that the drugs lacked valid prescriptions, and therefore were misbranded, when shipped. Ronald D. Weir, Jr. On February 27, , Ronald D.
Weir admitted that claims the device could safely and effectively treat virtually any disease were false and intended to mislead consumers. Weir continued to distribute QLasers even after being enjoined by a federal court in January Lytle and another QLaser distributor, Irina Kossovskaia, were indicted earlier this year on related charges of mail fraud, wire fraud, conspiracy, and contempt.
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Weir is set to be sentenced on May 12, Trial for the remaining defendants is scheduled to begin June 13, At a plant in North Carolina, Baxter manufactured large-volume sterile intravenous IV solutions in a clean room that had high-efficiency particulate absorption HEPA filters installed in the ceiling. Air was pushed into the clean room through the HEPA filters. Although Baxter distributed the adulterated products it made in that clean room, there was no evidence of impact on the IV solutions from the mold found on the filters.
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Biocompatibles, Inc. On November 7, , Pennsylvania-based medical device manufacturer Biocompatibles, Inc. The civil resolution has been entered in the Western District of Texas, where a whistleblower qui tam complaint had been filed. The Food and Drug Administration cleared LC Bead to be used for embolization, a process in which the flow of blood to liver tumors is stopped or reduced.
Through a separate company that it contracted with to market and distribute LC Bead in the United States, Biocompatibles marketed LC Bead to deliver chemotherapy drugs — a use that was never cleared or approved by the FDA. Many of the drugs sold by the defendants were generic drugs that were unapproved for sale in the United States; others were Schedule III steroids or drugs used by steroid users, such as clenbuterol.
Clenbuterol is only approved for sale in the United States as an equine bronchodilator, yet is sold on the black market for use by bodybuilders. Ul Haq and Saeed were arrested in England in October , and held without bond until they were extradited to the United States in the spring of In January , Ul Haq entered guilty pleas to all 48 counts of the indictment, which charged him with conspiracy to import and distribute Schedule II, III, and IV controlled substances, conspiracy to defraud the United States and its agencies and introduce into interstate commerce misbranded drugs, conspiracy to commit international money laundering, and numerous substantive offenses of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act.
In January , Tahir Saeed also entered guilty pleas to several counts of the indictment, and was sentenced in October to time served. At the time of their sentencings, both defendants had been incarcerated for approximately 4 years, including time spent in an English jail. The evidence at trial demonstrated that Facteau and Fabian sought to quickly develop and market products, including the Stratus, to create a projected revenue stream that would make Acclarent an attractive business for either an initial public offering or acquisition.
Following a 6-week jury trial, each defendant was convicted of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. The jury acquitted defendants on 14 felony counts of fraud and one conspiracy count. The 10 counts of conviction were misdemeanor counts related to the same conduct. Guy Lyman; United States v. James Hill; United States v. Clifford Woods; United States v.
Criminal and civil actions were filed against three individuals for marketing and selling dietary supplements as potential disease cures, part of an ongoing efforts to curtail the production and distribution of unlawful dietary supplements. On July 12, , the government filed criminal informations against two individuals, charging each with one misdemeanor count of introducing an unapproved new drug into interstate commerce in violation of the federal Food, Drug and Cosmetic Act FDCA.
The products had not been approved by Food and Drug AdminIstration. They are expected to enter guilty pleas to the informations, which were filed in the U. A third individual, Clifford Woods, pled guilty on May 9, , in the U. District Court for the Central District of California to a misdemeanor FDCA violation for distribution of unapproved new drugs that he marketed and sold as treatments for cancer and other diseases.
The government also filed civil complaints against these three individuals, all of whom agreed to the entry of consent decrees of permanent injunction. The decrees against Hill and Woods were entered on February 26, , and June 27, , respectively. The decree against Lyman was filed on July 12, , and is subject to court approval.
Civil Rights Cases
Braun Medical Inc. Braun Press Release. On May 18, , drug and medical device company B.