ACLU: PAIN RELIEF IS A CIVIL RIGHT: “THOUSANDS HAVE NEEDLESSLY SUFFERED”

REPUBLISHED AND REPORTED BY

NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS

WE ARE NOT POWERLESS AND THROUGH OUR VIDEOS, WRITINGS, AND PHOTOGRAPHS WE WILL EXPOSE THE ABUSES AND TYRANNY OF UNITED STATES DRUG ENFORCEMENT AGENCY 

JUST AS THE VIDEO WAS RECORDED BY THE CELL PHONE CAMERA OF YOUNG DARNELLA FRAZIER, BORE WITNESS TO THE MURDER OF GEORGE FLOYD THE BLOG youarewithinthenorms.com BARES WITNESS AND BOTH ALLOWS THE SYSTEM TO BE HELD ACCOUNTABLE”

THE MORE THAT IS SAID AND WRITTEN THE MORE THAT IS LEARN

KATE NICHOLSON FOUNDER OF NATIONAL PAIN ADVOCACY

Kate Nicholson, a founder of the National Pain Advocacy Center, believes now is the time to course-correct. Pain relief, in her view, is a civil right. While opioids are not a one-size-fits-all pain reliever, the rollback on prescriptions has disproportionately impacted people with disabilities, people of color, women, and incarcerated folks.

She is also a civil rights attorney and a nationally-recognized expert on the Americans with Disabilities Act (ADA). She formerly served in the U.S. Department of Justice for 18 years, where she litigated and managed cases, coordinated federal disability policy, and drafted the current ADA regulations.

https://www.aclu.org/podcast/pain-relief-is-a-civil-right


Listener Note: There is still time to submit a question for our “Ask an Expert” podcast series on all things free speech. To submit a question for our final episode on education and book bans, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

https://www.aclu.org/podcast/pain-relief-is-a-civil-right

BIO FOR KATE NICHOLSON

KATE NICHOLSON JD

She was an appointed member of the Opioid Workgroup of the Centers for Disease Control and Prevention and a 2019-20 Mayday Pain & Society Fellow, and she currently serves on the Global Advocacy Task Force for the International Association for the Study of Pain.

Kate also serves on task forces and in working groups of many aligned civil rights, disability rights, women’s health, pain, and drug policy organizations. Kate was a Senior Fellow at Dartmouth College and is a graduate of Harvard Law School.

THOUSANDS OF PAIN PATIENTS HAVE NEEDLESSLY DIED

THOUSANDS OF PHYSICIANS, PHARMACISTS, NURSES DENTISTS HAVE BEEN WRONGLY TARGETED AND IMPRISONED

ACCORDING TO THE ACLU:

“For years now, the pain has been the leading cause of disability worldwide, affecting more than 50 million Americans annually. This isn’t the kind of pain you endure when you trip onto the pavement, scab, bruise, and heal. It’s the persistent gnawing, aching, throbbing that happens over a long period of time. This is chronic pain.

PAIN RALLY WASHINGTON DC OCTOBER 26, 2021

One of the most powerful and effective forms of treatment for pain is the safe use of opioids. Opioids in combination with other therapies have allowed those hindered by pain to live full and vibrant lives, but the stigma around opioid use was exacerbated in 2016 due to guidance from the Centers for Disease Control and Prevention, the CDC, that both seriously discouraged doctors from prescribing these drugs and also over attributed the prescription of them as the cause of addiction and overdose.”

WHAT WE LOSE WHEN WE UNDERTREAT PAIN

https://www.aclu.org/podcast/pain-relief-is-a-civil-right

FEDERAL DRUG LAW ENFORCEMENT

DONATE LEGAL DEFENSE

OR SEND

$150 DOLLARS TO CASH APP:$docnorm

The Supreme Court has long recognized that the state’s protection of “the health of its citizens . . . is at the core of its police power,” Sporhase v. Neb. ex rel. Douglas, 458 U.S. 941, 956 (1982), and has expressly rejected the notion that the CSA grants either DOJ or DEA the broad authority to regulate the practice of medicine:

Federal law enforcement agencies are unqualified to determine whether drugs “have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.”

HELEN BOREL PH.D

21 U.S.C. § 801(1). Congress, therefore, did not even leave it to DEA to perform one of its core CSA functions—the scheduling of controlled substances— without health care agency oversight and evaluation. See id. § 811(b) (“The Attorney General shall, before initiating proceedings . . . [to schedule or reschedule a drug] . . . request from the [HHS] Secretary a scientific and medical evaluation, . . . The recommendations of the Secretary to the Attorney General shall be binding . . . as to such scientific and medical matters.”).

https://www.aclu.org/podcast/pain-relief-is-a-civil-right

Furthermore, this Court has expressly held that DOJ cannot criminally prosecute OUD prescribers under CSA Section 841(a)(1) unless they sell “drugs, not for legitimate purposes but ‘primarily for the profits to be derived therefrom’ ” and are acting outside the usual course of professional practice such that their behavior is akin to that of a “large-scale [drug] pusher, not as a physician.” Moore at 345.

The Roberts Court, April 23, 2021 Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett. Photograph by Fred Schilling, Collection of the Supreme Court of the United States

In sum, the CSA permits the federal prosecution of prescribers who operate as drug traffickers as traditionally understood and, thereby, knowingly or intentionally engage in prescribing conduct that exceeds the bounds of professional practice. Congress never intended to delegate to law enforcement the authority to regulate the practice of medicine by criminalizing good-faith medical mistakes. See 21 U.S.C. § 903.

FOR NOW, YOU ARE WITHIN

YOUAREWITHINTHENORMS.COM, BENJAMIN CLEMENTINE “THE NEMESIS” LONDON ENGLAN 2015

THE NORMS

references:

LOW HANGING FRUIT

SCOTT THOMAS TAMPA, FLORIDA

WALTER F. WRENN MD

GREGORY BELCHER MD
NANCY SEEFLT
HELEN BOREL
JK JOSHI MD
BRENT SLONE SUICIDE
FELIX BRIZUELA DO
BOB SHEARIN
XUILU RUAN MD
HELEN BOREL
WALTER WRENN MD
CLAUDIA MERANDI
LAUREN DELUCA
RICHARD KAUL MD
MICHELLE CLARK RPH
HELEN BOREL
LOIUS LADSON RPH
CHRISTOPHER RUSSO MD
NEIL ANAND MD
J.Z.GAASKO
JOSEPH ZOLOT MD
FREDDY WILLIAMS MD
STEPHEN HENSON MD
LESLY POMPY MD
LINDA CHEEKS MD
HELEN BOREL
WALTER R. CLEMENT
PAUL VOLKMAN MD
MICHAEL JONES MD
VILISINI GANESH MD
GRACE MENG MEMBER OF CONGRESS
CHRISTINA PAYLAN MD
RONALD MYERS MD
CATHLEEN LOND MD LAW STUDENT U MAINE
HAROLD EUGENE FLETCHER PHARMACIST COLUMBUS OH

1 Comment

  1. Felix DO.:

    Norm, here is the problem and I just reached out to this Nicholson individual. The aclu, what little advocacy they have for pain is for paying patients not that goes. Nobody, gives a s*** about the doctors. And this is causing harm. People are being told that they have the right to pain medication. Doctors not giving it out because nobody’s covering our backs and therefore we cannot write it otherwise we go to jail. People see doctors is lazy, not caring so they reach for the streets and they’re dying from fentanyl so groups like this, are causing people to reach through the streets and reach for fentanyl. Which in the streets is disguised as Vicodin and xanax. The ACLU has never reached out to me, they have never returned my calls I reached out to her to talk about this hopefully she will talk to me. If not, being a patient advocate she is just wasting everyone’s time

    Sent from my iPhone

Leave a Reply to You're Within The Norms Cancel reply