PRPA letter

[Richards, Edward P.]

> After reading attentively the posts on PRPA,
> I am encouraged that others may be of my view
> that the proposed Act raises serious constitutional
> questions in light of LOPEZ and BRZONKALA.

I would say that is an optimistic reading of the posts - perhaps we need a
poll.:-)

I think the great body of opinion is that the PRPA as applied to prescribing of
controlled substances was about as clearly within the Commerce Clause as
anything we could think of.  Further, if it does pose problems, then it would
call into question the entire FDA and DEA regulatory mechanism - a clearly
absurd result.  While there might be policy reasons to not regulate the use of
controlled substances for suicide, arguing that it is unconstitutional seems an
unacceptable stretch.  If Wyden does use that rationale, he should be prepared
to explain why he would of necessity also oppose the other federal narcotics
laws and FDA regulation in general, and perhaps also all the antitrust precedent
on health care services.

Edward P. Richards
Executive Director - Center for Public Health Law
Professor of Law
University of Missouri Kansas City
(816)235-2370 Fax (816)235-5276
richardse at umkc.edu
http://plague.law.umkc.edu