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bladerunner1717

08/23/10 5:49 PM

#102238 RE: tinkershaw #102235

Tinker,

As ludictous (and off-point) as your hypothetical is, I'd still argue that no judge would overrule the FDA on the safety of a drug the FDA has approved before it ever reaches the market, whether that drug contains cyanide or rat poison.

You completely miss the point.

I'll let the other attorneys here give you a refreshher course on legal reasoning.

The problem with your (mis)reasoning here is your implication that the judge's ruling on the TRO has any direct relevance to the issues Sanofi is raising before the court. Sanofi's attorneys are not so dumb as to challenge the FDA's right to determine the safety of a drug that comes within the purview of its Congressionally mandated regulatory authority.

The last sentence of your post does manage to get the issues right.


Bladerunner