TIL that in 2021, a DC court said the FDA didn’t have the authority to prevent Judge Rotenberg Educational Center from using electroshock torture against disabled children

Read more: https://www.reuters.com/legal/litigation/dc-circuit-overturns-fda-ban-shock-device-disabled-students-2021-07-06/

What do you think?

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  1. > Senior Circuit Judge David Sentelle, writing for the majority, said that Congress has explicitly prohibited the FDA from regulating the practice of medicine, leaving that to the states. He said that a “use-specific” ban like the one at issue “interferes with a practitioner’s authority by restricting the available range of devices through regulatory action.”

  2. As I commented where this was elsewhere posted from [this article](https://www.independent.co.uk/news/world/americas/massachusetts-school-electric-shock-fda-b1880365.html)

    > A 2006 report by the New York State Education Department found that the device was regularly used for minor disobedience and “behaviours that are not aggressive, health dangerous or destructive, such as nagging, swearing and failing to maintain a neat appearance”.

    > The report also found no evidence that the school “considers the potential negative effects, such as depression or anxiety, that may result from the use of aversive behavioural strategies with certain individual students”.

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