Today the Court of Appeals for the District of Columbia Circuit heard oral arguments in the matter of  Walgreen Co. v. Drug Enforcement Administration, et al., (Docket No. 12-1397).  I will leave the prognosticating to trained professionals; however, it was clear to me that Walgreens was before a sympathetic panel. The three-judge panel asked

While the Drug Enforcement Administration (“DEA”) prosecuted far fewer administrative actions in FY2012 than FY2011, the Agency nonetheless continued to be very active in investigating pharmaceutical diversion cases. The highly publicized and unprecedented actions taken by DEA in FY2012 provide valuable insight to where the DEA may focus its enforcement efforts in 2013. The “DEA