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Ninth Circuit Does Not Want To Be the Court Which 
Opens the Door to
Legalizing Medical Marijuana, 


According to The Center for Regulatory Effectiveness

WASHINGTON, Oct. 14 — /PRNewswire/ — In a judicial ruling today, in ASA v.
HHS in which the plaintiffs claimed that the United States Government
disseminated inaccurate information when it concluded that medical marijuana
had no medical benefits, the court opined:


"Because HHS’s response to the organization’s IQA petition did not
constitute final agency action, the district court had no jurisdiction under
the, Administrative Procedure Act ("APA"), 5 U.S.C. Sec. 551 et seq., and
neither do we.  We therefore affirm the district court’s dismissal of the

Observations of the Center for Regulatory Effectiveness:

First, surprisingly no judge would put their name on the opinion.

Second, why did it take nearly eighteen months after oral arguments to write
a five page document?

Third, why did the court not give consideration to HHS guidelines which says
you must act if failure to act unduly delays the protection of public
health? (ASA first filed a request for correction under the DQA more than
five years ago).

Fourth, why did the court not issue its opinion as a published opinion with
the name of the judge who is responsible for writing the opinion?

As CRE often stated, few Circuit Courts have the stature to overturn a
federal agency on a major issue other than the DC Circuit.

Obviously the Ninth Circuit does not want to be the court which opens the
door to the legalization of medical marijuana.

The Center for Regulatory Effectiveness http://thecre.com/  was the original
proponent of the Information [Data] Quality Act.

By Center for Regulatory Effectiveness

Published: Thursday, Oct. 14, 2010 – 3:27 pm


Read the full court ruling (5 pages) –

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