DOJ Has Few Allies, Many Foes In High Court Opioid Brawl

February 28, 2022

With that conduct in mind, experts say the lopsided amicus situation is mainly about ensuring a level playing field for all doctors to defend themselves in Controlled Substances Act cases, as opposed to a belief that Ruan and Kahn were wholly beyond reproach.

“What [the amici] are trying to present to the justices is that the standard [they] set has to be fairly applied to a doctor who’s criminally prosecuted where the facts are not as egregious,” Farrell Fritz PC partner Kevin P. Mulry said in a Friday interview.

When the Supreme Court hears arguments on Tuesday morning, a central question will be how juries should assess the intentions of a doctor accused of prescribing narcotic painkillers outside “the usual course of his professional practice” — a key regulatory phrase that’s in dispute.

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