Tuesday, March 19, 2024
ISSN 2765-8767
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Subjective intent of wrongdoing required to convict doctors

Holding: For the crime of prescribing controlled substances outside the usual course of professional practice in violation of 21 U.S.C. § 841, the mens rea “knowingly or intentionally” applies to the statute’s “except as authorized” clause.

JudgmentVacated and remanded, 9-0, in an opinion by Justice Breyer on June 27, 2022. Justice Alito filed an opinion concurring in the judgment, in which Justice Thomas joined and in which Justice Barrett joined as to Parts I-A, I-B, and II.

Source: SCOTUSblog

Daily Remedy

Daily Remedy

Dr. Jay K Joshi serves as the editor-in-chief of Daily Remedy. He is a serial entrepreneur and sought after thought-leader for matters related to healthcare innovation and medical jurisprudence. He has published articles on a variety of healthcare topics in both peer-reviewed journals and trade publications. His legal writings include amicus curiae briefs prepared for prominent federal healthcare cases.

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