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Ronald Stuart Lubetsky v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10142 · judgment February 13, 2024


Certiorari denied · November 12, 2024
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

T he C i r c u it s h ave appl ie d va st ly d i f fer ent interpretations of the ambiguous phrase “outside the usual course of his professional practice, other than for a legitimate medical purpose.” Ruan v. United States, 597 U.S. 450, 459 (2022); Gonzales v. Oregon, 546 U.S. 243, 258 (2006); United States v. Moore, 423 U.S. 122, 135 (1975). Circuits applying this phrase in the disjunctive have convicted physicians of a “knowing or intentional” deviation from an unenumerated “standard of care.” The questions presented are: Whether the phrase to measure authorization under 21 U.S.C. § 841(a) can be applied in the disjunctive. If the phrase is applied in the disjunctive, whether the prosecution of a physician for a deviation of an unenumerated “standard of care” is an improper exercise of the Commerce Clause.

Counsel of record

For petitioner
Ronald William Chapman II
Chapman Law Group

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 12 2024
    Petition DENIED.
  2. Oct 23 2024
    DISTRIBUTED for Conference of 11/8/2024.
  3. Oct 21 2024
    Reply of petitioner Ronald Lubetsky filed. (Distributed)
  4. Oct 07 2024
    Brief of respondent United States in opposition filed.
  5. Sep 06 2024
    Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2024.
  6. Sep 05 2024
    Motion to extend the time to file a response from September 6, 2024 to October 7, 2024, submitted to The Clerk.
  7. Aug 05 2024
    Petition for a writ of certiorari filed. (Response due September 6, 2024)