Wednesday, December 23rd, 2009...9:14 am
DAlaska: Void for Vagueness Doctrine
Dr. Gary Gerlay ran the Aurora Pain Management Clinic in Anchorage. The federal government has indicted him on multiple counts under the Controlled Substance Act and the Medicaid fraud statute. U. S. Magistrate Judge John Roberts recently struck certain allegations in the indictment for being irrelevant and prejudicially inflammatory. U. S. v. Gerlay, 2009 WL 3872143 (D.Alaska Nov. 17, 2009) (discussed on AEL here)
Judge Roberts has now denied Gerlay’s motion to dismiss the indictments. Gerlay argued unsuccessfully that the two statutes are void for vagueness (both on their face and as applied), and that the statutes violate the Tenth Amendment by interfering with the State of Alaska’s right to regulate the practice of medicine. U. S. v. Gerlay, 2009 WL 4897748 (D.Alaska Dec. 11, 2009)
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