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Heckler v. Chaney
''Heckler v. Chaney'', , is a case heard before the United States Supreme Court. The case presented the question of the extent to which a decision of an administrative agency, here the Food and Drug Administration, to exercise its discretion not to undertake certain enforcement actions is subject to judicial review under the Administrative Procedure Act.
== Background ==
Respondents had been convicted in Oklahoma and Texas criminal courts and sentenced to death. The procedure to be used was lethal injection. They applied first to the FDA, stating that while the drugs to be involved in the lethal injection had been approved, the manner in which they were going to be used had not, in violation of the Food, Drug, and Cosmetic Act's prohibition against "misbranding". They also argued that the Act's procedures for "new drugs" should be applicable, given that these drugs were being utilized for a new and un-tested purpose. More simply, they were arguing that the FDA had not certified that the drugs were "safe and effective" for human executions, and thus should be barred for being distributed via interstate commerce.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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