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Slip Opinion
3d Cir.
2025
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Background

  • Stephen McCarthy, a physician assistant, held a DEA Certificate of Registration (COR) to prescribe controlled substances.
  • McCarthy prescribed controlled substances without the required written supervision agreement with a physician, violating Pennsylvania law.
  • The DEA issued an Order to Show Cause, proposing to revoke his COR and deny renewal applications.
  • At a hearing, evidence showed McCarthy issued about seventeen prescriptions without proper supervision; he did not dispute these facts but claimed a misunderstanding about the status of his prior agreement.
  • The Administrative Law Judge (ALJ) found McCarthy’s explanations unpersuasive, cited his limited acceptance of responsibility, and recommended revocation; the DEA Administrator adopted this recommendation in full.
  • McCarthy petitioned for review, alleging constitutional and administrative law errors in the DEA’s process and decision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
ALJ Removal Protections ALJ’s multi-layered removal protection is unconstitutional Constitutional infirmity irrelevant absent harm McCarthy lacked causal link between protection and injury; claim rejected
Arbitrary and Capricious Agency Decision DEA’s decision flaggedly departed from agency practice Decision consistent, supported by evidence Decision not arbitrary or capricious; revocation affirmed
Acceptance of Responsibility McCarthy accepted responsibility, merits leniency Only partial acceptance shown, not sufficient DEA properly found responsibility lacking; no abuse of discretion
Consideration of Lesser Sanctions DEA did not consider alternatives to revocation Lesser sanctions were considered Administrator considered but found revocation appropriate

Key Cases Cited

  • Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (multilevel for-cause removal protections violate Constitution)
  • Collins v. Yellen, 594 U.S. 220 (plaintiff must show removal provision caused actual harm)
  • Butz v. Glover Livestock Comm'n Co., 411 U.S. 182 (agency sanctions receive substantial deference)
  • Humphreys v. Drug Enf’t Admin., 96 F.3d 658 (agency decisions can only be overturned if arbitrary, capricious, or abusive of discretion)
  • FCC v. Fox Television Stations, Inc., 556 U.S. 502 (agencies must acknowledge changes in policy)
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Case Details

Case Name: Stephen McCarthy v. DEA
Court Name: Court of Appeals for the Third Circuit
Date Published: Jul 21, 2025
Citations: 2025 WL 2028399; 24-2704
Docket Number: 24-2704
Court Abbreviation: 3d Cir.
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