No. 24-5646

Lisa Hofschulz, et vir v. United States

Lower Court: Seventh Circuit
Docketed: 2024-09-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: administrative-law controlled-substances-act criminal-statute medical-standards mens-rea prescription-authorization
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether Congress delegated authority to the Attorney General to define 'effective prescription' under the Controlled Substances Act and whether a prescription outside generally accepted medical standards can be deemed unauthorized

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did Congress delegate authority to the Attorney General to define what constitutes an “effective prescription” or an “authorized” distribution of narcotics under 21 U.S.C. § 841 of the Controlled Substances Act (“CSA”)? 2. May a court uncritically defer to administrative regulations when defining authorization for purposes of 21 U.S.C. § 841(a)’s criminal prohibitions, or must courts conduct an independent interpretation of the statute to ascertain its meaning? 3. Does stepping outside of “generally accepted standards of practice” render a prescription unauthorized under the CSA, even where it is issued for a medical purpose? 4. Does 21 U.S.C. § 841(a)’s mens rea attach to the statutory requirement of authorization, such that the government bears the burden of proving that a defendant knew a given prescription was legally unauthorized, or does the statute’s mens rea attach to regulatory interpretations of 21 U.S.C. § 829’s prescription requirement?

Docket Entries

2025-01-13
Petition DENIED.
2025-01-02
Reply of Lisa Hofschulz, et al. submitted.
2025-01-02
Reply of petitioner Lisa Hofschulz, et al. filed. (Distributed)
2025-01-02
Reply of petitioner Lisa Hofschulz, et vir filed. (Distributed)
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-11-27
Memorandum of respondent United States filed.
2024-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2024.
2024-10-10
Motion of United States for an extension of time submitted.
2024-10-10
Motion to extend the time to file a response from October 28, 2024 to November 27, 2024, submitted to The Clerk.
2024-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)

Attorneys

Lisa Hofschulz, et al.
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent