The 5th Circuit U.S. Court of Appeals has ruled the U.S. Food and Drug Administration exceeded its authority under federal law when it advised the public against using ivermectin
From here:
A door is open for doctors Robert Apter, Mary Talley Bowden and Paul E. Marik to seek civil damages against the FDA, the U.S. Department of Health and Human Services (HHS), FDA Commissioner Robert Califf And HHS Secretary Xavier Beccera for damages to their careers and professional reputations as well as for their patients to seek damages for interfering in the doctor/patient relationship.
Well, that’s my read anyway!
Check out these damning statements from the 3 judge panel
“.. “the Doctors can use the APA [Administrative Procedure Act] to bypass sovereign immunity and assert their ultra vires claims against the Agencies and the Officials.”
CHD notes “Ultra vires claims describe “actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters.”
“U.S. Circuit Judge Don Willett, writing for the three-judge panel, said, “FDA can inform, but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine.”
“FDA is not a physician. It has authority to inform, announce, and apprise — but not to endorse, denounce, or advise.”
I wonder how this also impacts California legislation that says that doctors can only transact the narrative laid down by a State medical board. Probably doesn’t. Many medical boards view patients as subject to political whim and are not there to be treated by a doctor who knows the actual personal health history of a patient (“one size fits all” is their mantra.
“The Doctors have plausibly alleged that FDA’s [social media] Posts fell on the wrong side of the line between telling about and telling to,” he added. “FDA argues that the Twitter posts are ‘informational statements’ that cannot qualify as rules because they ‘do not “direct” consumers, or anyone else, to do or refrain from doing anything.’ We are not convinced.”
“The long and short of it is that state medical boards, not the FDA, regulate the practice of medicine,” Jaffe said. “They decide if the use of ivermectin and other off-label drug use aligns with the standard of care.
In a blog post, Jaffe wrote that the FDA’s acknowledgment that doctors can legally prescribe ivermectin “has ZERO RELEVANCE in determining if a doctor can be prosecuted and sanctioned by a state medical board for prescribing these drugs for Covid.”
Oh, so there is that then.
Lots more in the linked CGD article at the top.
The lawsuit has been remanded to the district court, which will now hear the case.
CHD notes “Other key COVID-19-related cases challenging the federal government are currently before the 5th Circuit, including the Missouri et al. v. Biden et al. and Kennedy et al. v. Biden et al. censorship cases. In July, the two cases were consolidated, while the 5th Circuit heard oral arguments in Missouri et al. v. Biden et al. last month.”
Onwards!
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Hi Peter,
My background information is summarized below.
My conclusion is that IF Ivermectin or other early, competent treatments of Covid-19 had been allowed in the USA, ~530,000 people who reportedly died of Covid-19 in 2020 would still be alive. I knew in Feb2020 that Covid-19 was only fatal to the very elderly and infirm. We also knew at that time that Ivermectin was the best treatment for Covid-19 (SARS-CoV-2), based on experience from SARS CoV-1 in 2003. The FDA banned Ivermectin so it could permit the costly, ineffective, toxic Covid-19 “vaccines”.
This is not just a civil law issue – this is a criminal law issue – this is medical murder for profit:
Worldwide, the medical murder of ~40 million innocent people, the vaxx-injury of ~one billion, and it Is far from over…
Best, Allan
APPEALS COURT RULES FDA ‘EXCEEDED ITS AUTHORITY’ BY ADVISING PUBLIC AGAINST USE OF IVERMECTIN TO TREAT COVID
The 5th Circuit U.S. Court of Appeals on Sept. 1 ruled the U.S. Food and Drug Administration exceeded its authority under federal law when it advised the public against using ivermectin.
By Michael Nevradakis, Ph.D.
https://childrenshealthdefense.org/defender/appeals-court-fda-ivermectin-covid/
[excerpt]
A federal appeals court last week overturned the dismissal of a lawsuit against the U.S. Food and Drug Administration (FDA), ruling that the agency exceeded its authority under federal law when it advised the public against using ivermectin.
Three doctors — Robert Apter, Mary Talley Bowden and Paul E. Marik, co-founder of the Front Line Critical Care Alliance (FLCCC) — in June 2022 sued the FDA, the U.S. Department of Health and Human Services (HHS), FDA Commissioner Robert Califf and HHS Secretary Xavier Beccera in the U.S. District Court for the Southern District of Texas.
The doctors alleged the FDA’s guidance on ivermectin interfered with the doctor-patient relationship and their ability to prescribe an approved medication.
They also said their careers and professional reputations were harmed, as they faced sanctions from their employers, including suspensions and loss of privileges.
“Attempts by the FDA to influence or intervene in the doctor-patient relationship amount to interference with the practice of medicine, the regulation of which is — and always has been — reserved to states,” the complaint stated.
The lawsuit also noted that the FDA approved ivermectin in 1996 for the treatment of a variety of diseases.
COVID & CLIMATE CHRONICLES - THE BIG CULL
https://allanmacrae.substack.com/p/coming-soon
[excerpt]
IMPORTANT: there was no major increase in Total Deaths in Alberta to 1Jul2020, the end of the first Covid-19 flu season.
Total Deaths are typically much greater in the Winter flu season every year.
The reason there was NO significant total death increase in Alberta in the 12 months from 1Jul2019 to 30Jun2020, the first “Covid-19 flu year”, was because competent Alberta physicians practiced early treatment. Pre-Covid 2017-2018 was a worse flu-year than Covid flu-year 2019-2020 for total deaths. This proves that the Covid-19 illness was not a dangerous plague, was not fatal to the general population and the panicked over-reaction to Covid-19 was wrong, and needlessly cost trillions of dollars and millions of lives.
NO EXCESS DEATHS MEANS NO REAL DANGEROUS COVID-19 PANDEMIC!
The Covid-19 “vaccines” were deployed in Alberta in Jan2021. There was a large increase in total deaths for all ages after the toxic Covid-19 injections were deployed.
The big increase in Total Deaths happened by 1H2021 and was caused by the toxic Covid-19 “vaccines”. There is credible evidence that this carnage was not an error, but was known to insiders in advance.
Based on total Alberta total deaths:
Deaths attributed to the toxic Covid-19 “vaccines” in 2021 & 2022 totaled 98,000 Canadians to end 2022, increasing to 145,000 by end2023. Justin, Jagmeet and their corrupt leftist cohorts have now killed more Canadians than the 105,000 lost in WW1&2.
Based on USA total deaths:
Incompetent, late Covid-19 treatment, Remdesivir and ventilators caused ~530,000 mostly-preventable American deaths in 2020. The toxic Covid-19 “vaccines” caused an additional ~1.1 million American deaths in 2021 and 2022, equal to all the deaths in all of America’s wars back to 1776. The death toll in the USA from the mismanagement of the Covid-19 illness and the toxic Covid-19 “vaccines” totaled ~1.6 million to end 2022, and it is far from over.
______________________________
Of course they did, after it's too late. The courts are completely compromised.