Annals of Health Law
THE CURIOUS CASE OF TRENT ARSENAULT
Although the number of individuals directly affected by the FDA’s
cease-manufacture order to Trent Arsenault was relatively small, that
exercise of new authority by the agency justifies careful examination. First,
is it consistent with the cited regulations and the enabling statute? Second,
is it a legitimate exercise of government authority as limited by recent
constitutional jurisprudence? Third, is regulation of private, noncommercial
use of artificial insemination wise public policy?
200. Buck v. Bell, 274 U.S. 200, 207 (1927) (concluding that society can and must
prevent the “feeble-minded” from reproducing through sterilization, effectively endorsing
state-sponsored negative eugenics).