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I think the Commerce Clause is a pretty sound basis for most FDA regulation.

It just gets weird with the overbroad supreme court decisions that are like: "well, stuff that only happens in a single state but that might be used for interstate commerce or somehow impact interstate commerce indirectly" is also covered. [1][2]

[1] https://en.wikipedia.org/wiki/Gonzales_v._Raich

[2] https://en.wikipedia.org/wiki/Wickard_v._Filburn




One can only get from regulating interstate commerce to telling a terminal patient what medicine he may consume by a tortured logical process driven by motivated reasoning.




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