Touby v. United States
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Summary

In this 1991 case, the Supreme Court upheld the AG’s authority to temporarily schedule new substances under the CSA to prevent imminent hazards without judicial review.

1991 | Federal Juristiction

Touby v. United States

Keywords Attorney General; Controlled Substances Act; scheduling; new substances; imminent hazards; judicial review; temporary scheduling
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The Attorney General's Interim Scheduling Authority Under the Controlled Substances Act

The 1991 Supreme Court decision affirmed the Attorney General's power to temporarily classify substances under the Controlled Substances Act (CSA) as controlled. This authority allows for immediate action to mitigate emergent threats to public safety, circumventing the need for prior judicial authorization. The ruling establishes a framework for expedited regulatory response to the introduction of novel and potentially dangerous substances, balancing public health concerns with due process considerations. This precedent enables swift intervention in situations where delays would pose significant risks. The Court's interpretation of the CSA emphasizes the legislature’s intent to grant the Attorney General broad discretion in managing public health crises associated with uncontrolled substances.

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1991 Supreme Court Case on Attorney General's Authority

The 1991 Supreme Court case affirmed the Attorney General's power to temporarily categorize new substances under the Controlled Substances Act (CSA). This authority allows for immediate action to mitigate imminent public health risks without prior judicial oversight. The ruling underscores the executive branch's capacity to respond swiftly to emerging threats posed by potentially dangerous substances. This temporary scheduling mechanism allows for a rapid response to prevent harm while the more thorough process of permanent scheduling proceeds. The decision balances public safety concerns against due process considerations.

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1991 Supreme Court Case on Controlled Substances

In 1991, the Supreme Court sided with the Attorney General. The Court ruled the Attorney General had the power to quickly add new drugs to the list of controlled substances. This was to stop immediate dangers without needing a court's approval first.

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The Supreme Court's Decision

In 1991, the highest court in the country made a big decision. They said the government could temporarily add new, possibly dangerous things to a list of controlled substances. This lets the government act quickly to protect people, without needing a judge to approve it first.

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Footnotes and Citation

Cite

500 U.S. 160 (1991)

Highlights