I am not surprised by this ruling.
It says it was split on party lines.
Another step towards mass emigration and/or extinction of the lower classes all by design.
8-7-2007 Court rules out terminally ill for tests
WASHINGTON - Terminally ill patients do not have a constitutional right to be treated with experimental drugs, even if they likely will be dead before the medicine is approved, a federal appeals court said Tuesday.
The ruling by the U.S. Court of Appeals for the District of Columbia Circuit overturned last year's decision by a smaller panel of the same court, which held that terminally ill patients may not be denied access to potentially lifesaving drugs.
Abigail Alliance founder Frank Burroughs pledged an appeal to the Supreme Court. Burroughs' daughter, Abigail, was denied access to experimental cancer drugs and died in 2001. The drug she was seeking was approved years later.
"What the opinion by Judge Griffith is saying is, 'We don't want to risk one life or a few lives, even at the expense of the lives of hundreds or thousands of people,'" Burroughs said. "The logic of that escapes me."
In a sharply worded dissent, Judge Judith W. Rogers called the ruling "startling." She said courts have established the right "to marry, to fornicate, to have children, to control the education and upbringing of children, to perform varied sexual acts in private, and to control one's own body even if it results in one's own death or the death of a fetus."
"But the right to try to save one's life is left out in the cold despite its textual anchor in the right to life," Rogers wrote.
Rogers was joined by Chief Judge Douglas H. Ginsburg. The case cut across party lines, with conservative and liberal judges taking both sides of the dispute.
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