Legal Opinion

John Doe v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

Court of Appeals for the D.C. Circuit

Decided July 16, 1991No. 91-5019PublishedCited by 47 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Dissenting opinion filed by Circuit Judge CLARENCE THOMAS.

RUTH BADER GINSBURG, Circuit Judge:

This appeal concerns an interim regulation promulgated in urgent circumstances under the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (“FDC Act”). The regulation provides that the Food and Drug Administration (“FDA”) may permit Department of Defense (“DOD”) use of unapproved, investigational drugs on military personnel, in certain combat-related situations, without obtaining the service member’s informed consent. The setting for…

2Cases cited38 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  3. Craig v. BorenSupreme Court of the United States · 1976
  4. Honig v. DoeSupreme Court of the United States · 1988
  5. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980

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

3Cited by47 opinions

  1. Jordan v. SosaCourt of Appeals for the Tenth Circuit · 2011
  2. Ralls Corp. v. Committee on Foreign Investment in the United StatesCourt of Appeals for the D.C. Circuit · 2014
  3. National Black Police Association v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1997
  4. Burlington Northern Railroad Company v. Surface Transportation Board and the United States of America, West Texas Utilities Company, IntervenorCourt of Appeals for the D.C. Circuit · 1996
  5. Jeong Seon Han v. LynchDistrict Court, District of Columbia · 2016

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

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