Ruan v. United States (20-1410)

argument 20-1410

Ruan v. United States

Supreme Court of the United States 1h 35m 8 speakers 8 chapters transcribed 7 days ago official recording ↗
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What is the central argument about “good faith” in the Ruan v. United States case?

John G. Roberts 0:00
We'll hear argument first this morning in case twenty fourteen ten. Ruan versus United States and the consolidated case. Mr Robbins?
Aaron Ross Powell 0:13
Thank you, Mr Chief Justice, and may it please the Court. Dr Shulu Ren's jury was instructed that it could convict him of federal narcotics offences if he prescribed outside the usual course of professional medical practice. The Eleventh Circuit sustained that instruction precisely because it quote told the jury that good faith was a defence as long as the appellant's conduct also was in accordance with the standards of medical practice. In other words, Good faith is a defence in the eleventh circuit only for doctors whose prescriptions are already lawful. No lawyer will stand up before the Court this morning and defend either that instruction or the Court of Appeals rationale. And small wonder. Dr. Wren received little more than the instruction he would have gotten had this been a civil malpractice action in Alabama.
Aaron Ross Powell 1:16
So in our view, Dr Wren's case must be remanded. And on remand, the eleventh circuit uh should either dismiss this prosecution outright for want of sufficient proof of Alabama substantive standards. Or, at a minimum, order a new trial on all counts, this time governed by the correct Center rule. And that rule we submit, which largely tracks the law in the First, Seventh, and Ninth Circuits, is that a doctor may not be convicted under Section eight hundred forty one A one unless the government proves that her prescriptions were made without a good faith medical purpose. The good faith medical purpose test makes the best sense of the statutory text. This court's case law. It also accords with the principles of federalism that are embedded in the statute itself.
Aaron Ross Powell 2:12
Enables the jury to focus on the question of intent as it always does in criminal cases. and affords an appropriate birth for doctors and patients to make the best choices for the individual care of what is often invisible and yet real and intractable pain. I'd be pleased to uh uh uh hear the court's questions. Um At this time. Thank you.
Clarence Thomas 2:43
sort of housekeeping questions. Could you explain to me exactly what the offense is here that the government is prosecuting?
Aaron Ross Powell 2:53
Uh the principal offense, uh, Justice Thomas is twenty one USC eight forty one A one. Which is the uh the the principal narcotics uh uh distribution uh statute and certain associated statutes that use Uh the drug offence as part of the compound proof. So there's a racketeering charge, there's a money laundering charge. Okay, so
Clarence Thomas 3:19
let's just stick with the first one. But there's nothing in there. There's an exception, right? To eight forty one.
Aaron Ross Powell 3:27
Yes, the except as authorized exception, correct.
Clarence Thomas 3:30
Okay. So does the government have t when the government indicts, does it have have to uh plead uh the exception?
Aaron Ross Powell 3:38
No, I I think under Section eight eighty five it is not required to plead it. Uh that is to say, the statute re uh uh provides, Your Honor, that uh There is an obligation of the defence To put the question at issue. But once the defence does so, The circuits are unanimous, and I I think correctly so. that it then falls to the government to prove the absence of good faith beyond a reasonable doubt, according to whatever the legal standard for good faith is.
Clarence Thomas 4:09
So where where does that come from, the the the um legal standard that you're talking about in order to be uh registr to to be uh uh exempt from eight forty one.
Aaron Ross Powell 4:23
Uh the legal standard as as I understand it, Your Honor, comes from Uh the fact that the statute has an embedded exception for physicians?
Clarence Thomas 4:33
I understand that part, I'm sorry. Uh does it come from a statute or a regulation?
Aaron Ross Powell 4:40
the ex the the obligation to prove good faith?
Clarence Thomas 4:44
No, the the standards for the exception. In order to be registered, it to uh not be covered, because eight forty one is a broad statute, right?
Aaron Ross Powell 4:55
Eight forty one is a narcotics for
Clarence Thomas 4:59
it covers everybody. So if you just looked at that a doctor would be covered. Yes, so
Aaron Ross Powell 5:04
we don't dispute that a dot
Clarence Thomas 5:06
Now but where does the standard in order to comply with the exception, the authorization to write prescriptions, where does that standard come from?

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