No. 20-1283

Margaret Temponeras v. United States

Lower Court: Sixth Circuit
Docketed: 2021-03-17
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split controlled-substances-act criminal-liability medical-boards medical-practice pain-management pharmaceutical-companies prosecutorial-discretion vagueness vagueness-doctrine
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether 21 U.S.C. § 841 and 21 C.F.R. § 1306.04 are unconstitutionally vague whereas the term 'legitimate medical purpose' does not provide fair notice of a standard upon which pain management medical practices can be held criminally liable

Question Presented (OCR Extract)

QUESTION PRESENTED The Controlled Substances Act, 21 U.S.C. § 841, and its corresponding regulation at 21 C.F.R. § 1306.04 are hopelessly vague laws that criminalize perfectly reasonable behavior by medical doctors. The federal circuits have wild, differing interpretations of how to apply these vague laws and a circuit split is painfully obvious here. Unlike a standard medical practice, prescribing pain medication is an integral part of a pain management practice making the term “legitimate medical purpose” inherently vague. Prosecutors have arbitrarily applied these laws to secure criminal convictions even though doctors were prescribing lawful medications pursuant to the standards set forth by medical boards and pharmaceutical companies. This Court’s intervention is desperately needed here. The question presented is: 1. Whether 21 U.S.C. § 841 and 21 C.F.R. § 1306.04 are unconstitutionally vague whereas the term “legitimate medical purpose” does not provide fair notice of a standard upon which pain management medical practices can be held criminally liable. ii LIST OF DIRECTLY

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-19
Waiver of right of respondent United States of America to respond filed.
2021-03-12
Petition for a writ of certiorari filed. (Response due April 16, 2021)

Attorneys

Margaret Temponeras
Alexandra Crisanthi SiskopoulosSiskopoulos Law Firm, LLP, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent