Court Rejects the Right to Use Drugs Being Tested

August 8, 2007 | Source: New York Times

A federal appeals court ruled yesterday that patients with terminal illnesses do not have a constitutional right to use medicines that have not yet won regulatory approval.

In a dissent, Judge Judith W. Rogers wrote that it was “startling” that the “right to try to save one’s life is left out in the cold,” not protected by the due process clause of the Constitution, “despite its textual anchor in the right to life.”