Abigail Alliance for Better Access to Developmental Drugs v. von Eschenbach

Opinion for the court filed by Circuit Judge GRIFFITH.

Dissenting opinion filed by Circuit Judge ROGERS, with whom Chief Judge GINSBURG joins.

GRIFFITH, Circuit Judge:

This case presents the question whether the Constitution provides terminally ill patients a right of access to experimental drugs that have passed limited safety trials but have not been proven safe and effective. The district court held there is no such right. A divided panel of this Court held there is. Because we conclude that there is no fundamental right “deeply rooted in this Nation’s history and tradition” of access to…