The judges’ 2-1 decision this week will allow the Judge Rotenberg Educational Center in Canton, Mass., to continue using shock devices on its residents.
A federal appeals court in Washington, D.C., overturned the U.S. Food and Drug Administration’s ban on the use of electric shock devices on people with mental disabilities by a Massachusetts residential school.
The center decried the ban and petitioned a federal court to review it. The judges’ majority opinion in the case Tuesday overturned that ban, stating that the FDA cannot ban the use of electric shock on intellectually disabled people because federal law restricts the agency from interfering with the practice of medicine, which is regulated by states.
Disability rights activists, former residents and the state of Massachusetts have for decades pushed to stop the use of the device, called a graduated electronic decelerator , or shut down the school altogether. The FDA assembled a panel of experts to study the GED, held hearings, and received thousands of pages of testimony and documentation from the school. After two years,Opponents point to a history of scandals as examples of how the GED can be abused and why the school should be shuttered.
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