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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.

Mens Rea 100
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

Mens Rea 101
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Argument analysis: Justices doubt FTC’s authority to compel monetary relief

SCOTUSBlog

The FTC commonly uses that authority to seek what it characterizes as “restorative” monetary awards on the theory (supported by old Supreme Court cases and dominant for half a century in the courts of appeals) that the statutory authority to obtain an “injunction” implicitly includes all traditional forms of equitable relief.

Mens Rea 123
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‘Search Warrants Rot Law Enforcement’: Paper

The Crime Report

Moreover, as part of the War on Drugs, the Supreme Court has given law enforcement the weapons necessary to declare war on certain communities, namely areas demarcated or branded as “high crime areas” — and thus allow for easier search warrant approval. She also suggests requiring higher justification for no-kick entry warrants.

Laws 131
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In opioids “pill mill” case, justices grapple with physician intent

SCOTUSBlog

For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for unlawful distribution of controlled substances. In the end, it was not clear what direction the court is likely to take. Kavanaugh compared the facts at issue to an older case, Morrissette v.

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Divided Supreme Court overturns mother’s conviction for her infant’s murder by the father

At the Lectern

Collins , a 4-3-1-2 Supreme Court today holds the evidence did not support a second-degree murder conviction of a mother who didn’t protect her two-month old son from being murdered by the baby’s father. The Chief Justice has only recently expressed differences with a court majority in any case. In People v.

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Larger March calendar includes high-stakes COVID insurance case

At the Lectern

The Supreme Court yesterday announced it will hear six oral arguments in March, the biggest calendar of the term. The Chief Justice predicted last month that the court’s opinion output would increase during the term’s second half. The court granted review in March 2022. Vigilant Insurance Co. :