Legal Opinion

United States v. Rutherford

Supreme Court of the United States

Decided June 18, 1979No. 78-605PublishedCited by 393 opinions

1Opinion of the CourtJustice Marshall

The question presented in this case is whether the Federal Food, Drug, and Cosmetic Act precludes terminally ill cancer patients from obtaining Laetrile, a drug not recognized as “safe and effective” within the meaning of §201 (p) (1) of the Act, 52 Stat. 1041, as amended, 21 U. S. C. § 321 (p) (1).

I

Section 505 of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1052, as amended, 21 U. S. C. § 355, prohibits interstate distribution of any “new drug” unless the Secretary of Health, Education, and Welfare approves an application supported by substantial evidence of the drug’s safety and…

2Cases cited20 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  5. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978

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

3Cited by393 opinions

  1. Washington v. GlucksbergSupreme Court of the United States · 1997
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. Alexander v. ChoateSupreme Court of the United States · 1985
  4. Gonzales v. RaichSupreme Court of the United States · 2005
  5. Bob Jones University v. United StatesSupreme Court of the United States · 1983

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API