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THE WEEKLY WIPE

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In unanimous opinion, Supreme Court endorses fiber

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November 20, 2008 | Issue 5-25

Pictured: Supreme Court Justices, who after morning coffee, ruled overwhelmingly to endorse dietary fiber

WASHINGTON – In a rare case of union, Supreme Court Justices ruled in favor of the intake of dietary fiber this week, a decision that holds major implications for future supplement rulings.

In a 9-0 decision handed down Tuesday, the U.S. Supreme Court ruled non-starch polysaccharides to be an essential component to a healthy diet, marking the first time the court has ruled on digestive regulation.

Associate Justice John Paul Stevens wrote the principal opinion: “The intake of fiber remains and will remain an essential part of daily consumption, with legumes, wheat bran, and prunes serving to best provide the benefits of a more-perfect defecation. In the opinion of this court, we can find no reason, shown by a lack of dissenting opinion, for any person or group of persons to avoid a recommended 30 to 35 grams of fiber each day.”

While many expected the decision to be a close one given Justice Kennedy’s, Justice Souter’s, and Justice Ginsberg’s adherence to the Atkins diet, the 9-0 opinion became the first unanimous ruling by the U.S. Supreme Court in years. The Justices in question said they put personal experience aside and ruled for the greater digestive good.

The ruling seems to open the door for favorable rulings on Vitamin C and calcium, which health activists have been trying to bring before the high court for years. If those cases can be presented, they will in all likelihood receive positive rulings from the Justices, even if, as some expect, President-Elect Barack Obama appoints two new Justices within his first year in office.

“We know the future president is not particularly pro-calcium, and we know the vitamin C debate is something he certainly does not want to get mixed up in for political reasons,” said CNN legal analyst Jeffrey Toobin. “But even if he succeeds in appointing Justices who favor Americans’ choice on the supplement issue, it’s almost impossible the court’s opinion would shift from its current middle-ground view on diet.”

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