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Re: mouton29 post# 13835

Sunday, 06/14/2015 8:21:58 PM

Sunday, June 14, 2015 8:21:58 PM

Post# of 20689
Mouton, hope you are well. Thanks for the update. I am encouraged a bit by this, (what am I the only one who loves legal delays around here?). Clearly simple definitions can just be looked up or supplied from the bevy of existing briefs. I am hoping the SG has the "seichel" to understand that in order to truly fulfill the Appellate Court's request, and for the definitions and clarification requested by the CAFC to have any validity, they must be understood in the context of the wording, context and the intent of HW (are you listening Judge Raider ret.?) I wonder if as the SG does his/her research in preparation for the brief whether they have constraints they must honor or whether they can take an expansive view in the collection of information beyond just the filed briefs. For example, could the SG request FDA input, or interview legislators involved in the drafting of the original law so as to ensure the intent of the law is understood fully. Dew has tried to guide me on this point way back and I have not gone back to his original comments but my recollection was that he thought the information reviewed would be relatively narrow. The delay (unless its for another reason--we're too busy) makes me wonder if maybe they need more time because of the complexities that require review of the original HW act for intent, or a de facto understanding of how the FDA views all of this. Regards, bp