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December 05, 2012

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"... arguing that by throwing out Mr. Caronia’s conviction “the majority calls into question the very foundations of our century-old system of drug regulation.” She argued that if drug companies “were allowed to promote F.D.A.-approved drugs for nonapproved uses, they would have little incentive to seek F.D.A. approval for those uses.”

Maybe true, but beside the point methinks. If the honorable circuit judge thinks the policy is a good one, it does not follow the First Amendment does not apply. This is getting real common in healthcare regulation.

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