Ref Q-authority of FDA to apply circuit ruling to all circuits

From: Anita Shew (Shew@butlercountyohio.org)
Date: Fri Jan 24 2003 - 09:39:58 PST


Hello colleagues,

An attorney here had a question about the authority of the FDA ( or
other federal agency) to apply a ruling of unconstitutionality from the
9th Circuit court to all U.S. circuits. That seems as if it should be
an easy question, but we have searched in Westlaw (even with help of
their ref. atty), pursued avenues of jurisdiction, delegation of powers,
nonacquiescence, administrative discretion, etc. and cannot seem to
find anything that really addresses that issue. I have looked in the
constitutional law books, federal procedure/rules, on FirstSearch, etc.
  

Does anyone have any ideas? Thanks in advance.

Anita

Anita K. Shew, Director
Butler County Law Library
10 Journal Sq. Suite 200
Hamilton, OH 45011
(513) 887-3456
FAX (513)887-3696

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