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Legal Issues

Legal Issues

Legal Issues

The Issues: Issues surrounding fluoridation lawsuits in other states and misrepresentations by fluoridation advocates are elaborated in a paperwritten in 1999. The authors are John Remington Graham, an attorney and law professor, and Pierre-Jean Morin, Ph.D. in Experimental Medicine.

Legal Precedent: The legal precedent for our Supreme Court Case is Kaul vs. the City of Chehalis, 1954. A divided court ruled in favor of Chehalis that the city had the right to fluoridate the water via “police power,” according to which the City has the right to protect public welfare.  The majority and minority opinions in this case will probably reflect arguments that will arise in our case. 

Legal Analysis: This article is an excellent analysis of the legal foundation for the argument that fluoridation is justified because the constitution permits states to exercise “police power” for the common good.  The article was written by Douglas Balog who received his law degree in 1997.  The article appears in the Pace Environmental Law Review, which is one of the first scholarly, peer-reviewed journals devoted to environmental law.

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