The Supreme Court made a fatal mistake today when it refused to review a ruling that terminally ill patients have no constitutional right to be treated with experimental drugs — even if that means the patient will likely die before the medicine is approved.

This is a Supreme Court with no heart.

The Supreme Court did not explain its decision to leave the appeals court ruling undisturbed.  Chief Justice John Roberts did not take part in the action.

This ruling all came about because Frank Burroughs, whose daughter, Abigail was denied access to experimental cancer drugs and died in 2001.  The drug she was seeking was approved years later.

What we must understand with respect to the terminally ill seeking treatment with experimential drugs, is that if they do not fit into the the pharmaceutical drug protocol which is established to prove efficacy, they cannot have access to the drug.

This is wrong, especially if it can save a life and the patient will wave all liabilty and consequences of side effects, including death.

Frank Burroughs’ Abigail Alliance, was only asking for the “right for terminally ill patients with no remaining treatment options to fight for their own lives.”

The FDA said the appeals court was correct and in line with other rulings “that have rejected constitutionally based demands for access to unapproved investigational drugs.”

The FDA and the Supreme Court are wrong.

It is now up to the Congress to change the law to broden such access.