No. 22-43

Program Administrator of the New Hampshire Controlled Drug Prescription Health and Safety Program v. Department of Justice

Lower Court: First Circuit

Docketed: 2022-07-15

Status: Denied

Type: Paid

Response Waived

Tags: administrative-subpoena anti-commandeering commandeering drug-enforcement federalism healthcare-program prescription-drug-monitoring state-data state-official state-sovereignty

Latest Conference: 2022-09-28

Question Presented (from Petition)

1. Whether an administrative investigative subpoena issued under 21 U.S.C. §876 to a state official commanding her to act in her official capacity to obtain state data from a state-owned and -controlled healthcare program and deliver it to the DEA in violation of state criminal law is a subpoena issued to the State.

2. Whether the States, their agencies, and their officials in their official capacities are "persons" under 21 U.S.C. §876(c).

Question Presented (AI Summary)

Whether an administrative investigative subpoena issued under 21 U.S.C. §876 to a state official commanding her to act in her official capacity to obtain state data from a state-owned and -controlled healthcare program and deliver it to the DEA in violation of state criminal law is a subpoena issued to the State