Should the Government Insert Itself between Dying Patients and Unproven Therapies? Discussants include: J. Scott Ballenger, Partner, Latham & Watkins; Ezekiel J. Emanuel, Chair, Department of Clinical Bioethics, National Institutes of Health; and Michael F. Cannon, Director of Health Policy Studies, Cato Institute.
In Abigail Alliance for Better Access to Developmental Drugs v. Eschenbach, terminally ill patients won an impressive victory before a panel of the U.S. Court of Appeals for the D.C. Circuit. That panel ruled that when the government prevents terminally ill patients from accessing experimental drug treatments, it violates those patients' constitutionally protected right to save their own lives. On appeal, however, an en banc opinion from the D.C. Circuit overturned the panel opinion, setting the stage for an appeal to the Supreme Court. Please join Michael F. Cannon, the Cato Institute's director of health policy studies; Scott Ballenger, lead counsel for the Abigail Alliance; and Ezekiel Emanuel, a leading critic of the Abigail Alliance's case as they discuss the economics, ethics, and constitutionality of allowing the state to stand between dying patients and unproven therapies- Cato Institute
J. Scott Ballenger
Scott Ballenger is a partner in the Washington, D.C. office of Latham & Watkins. Prior to joining Latham, Mr. Ballenger served from 1996-1997 as a law clerk to the Hon. J. Clifford Wallace of the United States Court of Appeals for the Ninth Circuit, and during the October 1997 Term as a law clerk to the Hon. Antonin Scalia, Associate Justice of the United States Supreme Court. He then served as Senior Counsel to Assistant Attorney General Joel Klein in the Antitrust Division of the Department of Justice, where he worked on David Boies's trial staff and briefing team for the Division's landmark monopolization case United States v. Microsoft.
Since joining Latham in 1999, Mr. Ballenger has focused on appellate and Supreme Court litigation, with an emphasis on constitutional law. He has been the principal author of the merits briefs in five Supreme Court cases - including the winning briefs for the University of Michigan Law School in its landmark affirmative action case Grutter v. Bollinger, 539 U.S. 306 (2003), and for Arthur Andersen in its successful effort to get its conviction for obstruction of justice overturned, Arthur Andersen LLP v. United States, 544 U.S. 696 (2005). Mr. Ballenger has also drafted dozens of amicus curiae briefs, petitions for certiorari, or briefs in opposition to certiorari in the Supreme Court, and many other briefs in the lower federal courts. In a groundbreaking lawsuit against the FDA, Abigail Alliance v. von Eschenbach, 445 F.3d 470 (2006), Mr. Ballenger recently convinced the D.C. Circuit to recognize a new constitutional right of access to experimental drugs for terminally ill patients. He has also extended his United States v. Microsoft experience with complex trial litigation by working on several trial teams in both state and federal court, including Latham's successful defense of Oracle Corporation against the Justice Department, in U.S. v. Oracle Corp., 2004 WL 2006847 (N.D.Ca. 2004).
Michael F. Cannon
Michael F. Cannon is the Cato Institute's director of health policy studies. Previously, he served as a domestic policy analyst at the U.S. Senate Republican Policy Committee under Senator Larry E. Craig (R-ID), where he advised the Senate leadership on health, education, labor, welfare, and Second Amendment policy.
In addition, Cannon has worked as a health care policy analyst for Citizens for a Sound Economy Foundation in Washington, D.C. Cannon has appeared on CNN, CNBC, C-SPAN, Fox News Channel, and NPR. His articles have been featured in USA Today, the New York Post, the Chicago Tribune, the Chicago Sun-Times, and the San Francisco Chronicle. Most recently, Cannon coauthored the book Healthy Competition: What's Holding Back Health Care and How to Free It.
Ezekiel J. Emanuel
Ezekiel Emanuel is vice provost for global initiatives and chair of the Medical Ethics and Health Policy Department at the University of Pennsylvania. He has served as special advisor for health policy to the director of the Office of Management and Budget in the White House and is the former chair of the Department of Bioethics at the National Institutes of Health. He has written or edited nine books and over 200 scientific articles and is a columnist for The New York Times.