Legal Opinion

Rutherford v. United States

Court of Appeals for the Tenth Circuit

Decided February 19, 1980No. 77-2049PublishedCited by 32 opinions

1Opinion of the Court

SETH, Chief Judge.

The case was remanded by the Supreme Court by United States v. Rutherford, 544 U.S. 442, 99 S.Ct. 2470, 61 L.Ed.2d 68, with a reversal of our Rutherford v. United States, 582 F.2d 1234 (10th Cir.).

We had held that there was no measure or standard to permit the application of the “effective” requirement in the statute as to Laetrile as a cancer treatment by injection with a doctor’s recommendation for the terminally ill patient.

The Supreme Court in its opinion held that the “effectiveness” provision of the Act did apply regardless of whether the patient was terminally ill or…

2Cases cited12 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Eisenstadt v. BairdSupreme Court of the United States · 1972
  3. Whalen v. RoeSupreme Court of the United States · 1977
  4. Doe v. BoltonSupreme Court of the United States · 1973
  5. Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973

7 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Seeley v. StateWashington Supreme Court · 1997
  2. Alice Sammon v. New Jersey Board Of Medical ExaminersCourt of Appeals for the Third Circuit · 1995
  3. Abigail Alliance for Better Access to Developmental Drugs v. von EschenbachCourt of Appeals for the D.C. Circuit · 2007
  4. Abigail Alliance for Better Access to Developmental Drugs & Washington Legal Foundation v. Von EschenbachCourt of Appeals for the D.C. Circuit · 2006
  5. State Ex Rel. Iowa Department of Health v. Van WykSupreme Court of Iowa · 1982

27 more not listed; retrieve them via the Exa API.

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