No. 22-1121

Kamaladoss Selvam v. United States, et al.

Lower Court: Second Circuit
Docketed: 2023-05-17
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law administrative-warrant civil-procedure drug-enforcement fda-jurisdiction federal-agencies law-enforcement search-and-seizure search-warrant statutory-interpretation subpoena-power
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the FDA has jurisdiction to enforce the Drug Abuse Prevention and Control Act

Question Presented (from Petition)

QUESTIONS PRESENTED U.S. Code, Title 21, Chapter 13 (Drug Abuse ° Prevention and Control), SubChapter 1 (Control and Enforcement) , Part E (Administrative and Enforce; ment Provisions), § 878 — Powers of enforcement personnel, provides that, “(a) Any officer or employee of the Drug Enforcement Administration or any State, tribal, or local law enforcement officer designated by the Attorney General may—(1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of the United States.” The questions presented are: 1. Whether Food and Drug Administration (FDA) has jurisdiction to enforce Drug Abuse Prevention and Control Act? 2. Whether Food and Drug Administration (FDA) has jurisdiction to execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas and summonses under Drug Abuse Prevention and Control Act? @)

Docket Entries

2023-10-02
Petition DENIED.
2023-06-28
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Waiver of right of respondents Federal Respondents to respond filed.
2023-03-15

Attorneys

Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Kamaladoss Selvam
Kamaladoss Selvam — Petitioner
Kamaladoss Selvam — Petitioner