The absurdly slow progression of the case provides clear evidence of the inertia of state bureaucracy. In 2003 the Abigail Alliance sued the FDA claiming that terminally ill patients have a constitutional right to access unapproved drugs after they have passed the phase 1 clinical trials process. In May 2006 a 3-judge panel of the District of Columbia U.S. Court of Appeals ruled in favor of the Abigail Alliance. In August 2007 the full District of Columbia U.S. Court of Appeals ruled against the Abigail Alliance. In 2008 the United States Supreme Court declined to hear Abigail Alliance's appeal.
In the final analysis, a State judicial branch confirmed the "right" of a State executive branch to micromanage the chemicals that its slaves (otherwise known as citizens) ingest, which is not a surprising outcome to the LIBERTARIAN BIOETHICS BLOGger.