Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

United States Et Al. v. Rutherford Et Al.

• 1978 • 442 U.S. 544 • Burger Court
In the case of United States et al. v. Rutherford et al., 1978, cancer patients and their physicians sued the Food and Drug Administration (FDA) for preventing them from accessing Laetrile, a drug not approved by the FDA but believed by some to have potential anti-cancer properties. The plaintiffs argued that terminally ill patients should be exempted from FDA regulations under the "right of privacy" concept in order to access potentially life-saving drugs like Laetrile without government...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Burger Court
Term: 1978
Docket: 78-605
442 U.S. 544
99 S. Ct. 2470
61 L. Ed. 2d 68
1979 U.S. LEXIS 114
Argued: Apr 25, 1979

United States Et Al. v. Rutherford Et Al.

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In the case of United States et al. v. Rutherford et al., 1978, cancer patients and their physicians sued the Food and Drug Administration (FDA) for preventing them from accessing Laetrile, a drug not approved by the FDA but believed by some to have potential anti-cancer properties. The plaintiffs argued that terminally ill patients should be exempted from FDA regulations under the "right of privacy" concept in order to access potentially life-saving drugs like Laetrile without government interference. However, the Supreme Court ruled unanimously against this argument stating that Congress had intended for all drugs - whether used by healthy or terminally ill individuals - to meet FDA safety and efficacy standards before they could be marketed or distributed within U.S borders. The court held that there was no constitutional right for a patient to obtain any drug not approved by the FDA regardless of their health condition.

Dissent Summary
AI Abstract

In the dissenting opinion for United States v. Rutherford, Justice William J. Brennan Jr., joined by Justices Potter Stewart and Thurgood Marshall, argued that terminally ill patients should have the right to decide whether or not to use unapproved drugs like Laetrile when conventional treatments are ineffective. They believed that this decision was a matter of personal liberty protected under the Constitution's Due Process Clause and did not agree with majority’s view that FDA regulations apply uniformly regardless of a patient's condition. The dissenting justices also criticized the court for failing to consider evidence showing how these regulations could cause undue suffering in terminal cases where no approved treatment options exist, arguing it is cruel and unusual punishment which violates Eighth Amendment rights.

Opinion written by Justice TMarshall
Decided: Jun 18, 1979
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms