Professor Cinnamon Carlarne was quoted in the City Lab article titled, Why Toledo Just Gave Legal Rights to Lake Erie. “One of the biggest challenges that the [Lake Erie] Bill of Rights will have is moving from vision to […]
“It makes it more complicated in a case like this because as you say these medications are often used to some degree on patients like this and there’s always a risk even if you have a perfectly competent doctor who is not committing a crime that death will occur,” Simmons said. “So you have to prove that not just that death occurred but that death occurred because of criminal actions by the defendant.”
“It’s clear that they anticipate people trying to minimize the liability, perhaps in creative ways,” Hoffer said.
“There will be a question raised as to whether a court should get into this quite so early,” Shane said.
“I don’t think anyone can confidently predict where we’re going to be five, ten, or 20 years from now on this,” Berman said.
Undoing the court’s substantive due process analysis is “wildly unlikely given how much Constitutional law has now been built on the foundation of the due process clause,” Shane said.
“The scale is stacked on the side of the employer,” Colker said.
“Even though Trump’s political maneuver to get around an uncooperative Congress looks like it stretches the Constitution, the questions presented in court will raise ordinary and complicated issues of administrative law,” Shane said.
“In a potential judicial dispute over the wall, the Democratic-led House would argue that the Defense Department was undermining Congress’ appropriations power by spending funds that had not been authorized for that purpose,” Shane said.
“The first is the question of causation,” Simmons said. “They have to prove that in fact it was the fentanyl that the doctors and nurses administered that actually caused these deaths.”
“Courts are reluctant to second-guess the president on matters of national security,” Shane said.
“It’s hard to know how exactly this is going to unfold politically or judicially,” Shane said.