How Appealing notes that the DC Circuit’s decision in Abigail Alliance v. Eschenbach will be reheard en banc.
This is a big deal. As this blog wrote about in more detail in this post, the conclusion of Abigail Alliance was that individuals had a due process right to access potentially lifesaving drugs even before they have received FDA approval. That conclusion has interesting implications for a variety of issues, medical marijuana being just one (and not the most important one).
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