Freak, I am quite certain that in U.S. v. Caronia, many people would have placed a losing bet thinking that the nearly omnipotent FDA would surely have a mechanism or political connection by which they could circumvent the U.S. Constitution and prosecute Caronia, to which I simply say: "How'd that work out for you"?
When anyone, government or otherwise, attempts to deprive another from exercising a Constitutional right, there's a pretty high likelihood that "the fat will go into the fire" and when the denied rights cause loss or harm to the victim, there's an even higher likelihood good chance that an action will be brought.
As we all now know, the fat DID go into the fire in Caronia. However, it was the FDA, not Caronia that got burned. Why do you think the FDA let the time frame for appeal to the SCOTUS expire without filing an appeal in that case? Surely the FDA's attorneys are aware of the procedures for filing such an appeal.
My opinion is that the FDA rightly estimated that they had less than a snowball's chance in Hell of prevailing and further, knew that in the event that they lost the case before the SCOTUS, their future power would be massively curtailed.
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