In a recent article discussing a ruling that terminally ill people do not have a right to access to experimental drugs is this quote from one of the judges:
“We conclude there is no fundamental right … of access to experimental drugs for the terminally ill,” said Judge Thomas Griffith, an appointee of President Bush.
Beginning at the end:
- Why should we care that the Judge drafting the opinion is a bush appointee?
- The terminally ill do not have any fundamental rights that other humans do not also have. Thus, this ruling appears partially correct.
- Unfortunately, it is also very wrong. All humans have the fundamental right to voluntarily exchange goods and services with one another.
- Any government that interferes with #3 should be replaced.
- A corollary to #3 is that even though you, I and anyone else have the right to buy and use experimental drugs the manufacturer has no obligation to sell them to us.
You can find background on and discussion of this case in this Reason article.