This only serves to allow firms to erect effort barriers to keep rent seeking fro their customers. The "gotcha" that the Khan FTC didn't "follow the rules making process" is parallel construction.
This only serves to allow firms to erect effort barriers to keep rent seeking fro their customers. The "gotcha" that the Khan FTC didn't "follow the rules making process" is parallel construction.
I think we may have drastically different understandings of what “the law” is.
Regulating the “public health, welfare, and morals” is the prerogative of state legislatures. So the question is whether there is anything in the constitution that overrides that general power. Resort to “emanations from penumbras” is a concession that there isn’t.
By the way, this isn’t even some U.S.-centric take. The constitutional law in most western democracies leaves regulation of drugs to the discretion of the legislature.
If your question is whether I think the Griswold was correctly decided, the answer is obviously not. Regulating access to medications obviously falls within the police power of state governments, and I don’t think the constitution has a special carve out for particular types of medications. In fact I think this was an extraordinarily easy case as a legal matter, and the fact that the Supreme Court got it wrong demonstrates how intellectually sloppy a lot of mid-20th century precedent was.