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Thompson v. Western States Medical Center (docket #:01-344) (2002)  [Findlaw]
First Amendment claim affirmed

Argument Date 02/26/2002
Decided 04/29/2002
Supreme Court Vote 5-4
Supreme Court Ruling First Amendment claim sustained.
IssueIn the Food and Drug Administration Modernization Act of 1997 (FDAMA), Congress enacted a limited exemption from the new drug approval (and certain other) requirements of the Federal Food, Drug, and Cosmetic Act, for drugs compounded by pharmacists. (21 U.S.C. §353a) The question presented is whether FDAMA’s limitation of that exemption to pharmacists who do not solicit prescriptions for or advertise specific compounded drugs violates the First Amendment.
Case Summary & Additional Resources
Majority Opinion per Justice O’Connor
Concurring Opinion with Thomas concurring
Dissenting Opinion Breyer dissenting (joined by Rehnquist, Stevens, & Ginsburg)
Certiorari Granted 10/29/2001
Lower Court 9th Circuit
Lower Court Ruling "We hold that § 353a(a) and § 353a(c)’s restrictions on commercial speech violate the First Amendment. These provisions may not be severed from the rest of the provisions in §353a. Accordingly, §353a is invalid in its entirety." Order of federal District
Oral Arguments Oral Arguments  [Oyez]
For Petitioner
Theodore Olson

Certiorari Reply Brief

Howard M. Hoffmann, Duane, Morris & Hecksher
News Stories & Commentary
Supreme Court To Decide Limits Of Federal Control On Local Pharmacies

Panel - Lower Court
Circuit Judges Mary M. Schroeder
William A. Fletcher
Tony Mauro Analysis
Commercial-speech interest prevails in drug-ads case

Drug-mixing ad rules to get high court test

High court appears ready to topple 2 laws that restrict speech

Opinion - Lower Court
Western States Medical Center v. Shalala (2001)

21 U.S.C. §353a

Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2006) §6:8
Certiorari Petition

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