"The U.S. COURT of Appeals for the D.C. Circuit discovered a new constitutional right yesterday: "the right of a mentally competent, terminally ill adult patient to access potentially life-saving post-Phase I investigational new drugs, upon a doctor's advice, even where that medication carries risks for the patient" and has not been approved by the Food and Drug Administration. If you don't remember reading those particular words in the founding charter, don't kick yourself. An ideologically eclectic panel of the normally sober D.C. Circuit pulled this "right" out of thin air."
Actually, I do agree with the analysis of the editor. I think this decision has the potential to undermine the entire FDA drug approval process and puts the safety of consumers at risk. What I find ironic is the editor’s righteous indignation that the judicial branch would concoct a judgment that in effect created new law. There are a great number of constitutional “rights” the courts have pulled “right out of thin air”. The most notorious is a woman’s “constitutional right” to kill the child growing within her womb at any time during her pregnancy and for any reason. I haven’t heard much from the WaPo editor criticizing that judicial opinion. In fact, the WaPo is usually at the forefront defending it. Oh, and there is that constitutional requirement for separation of Church and State. (Please note the phrase separation of Church and State does not exist anywhere in the constitution) The WaPo is a staunch defender of judicial opinions that allege the constitution demands there be no official government acknowledgement that religion exists, especially if that religion is Christian. Thus we have Holiday Trees and Spring Bunnies.
Mr. Editor: You make a fine argument for the health hazards of this court decision. However, you lose all credibility when you claim the very basis of the court’s mistake was its discovery of new “rights” in the constitution. Are you really saying you hadn’t noticed this kind of judicial behavior until now? Where have you been?