Adam's Legal Newsletter β’ 1377 implied HN points β’ 13 Apr 23
- The US Court of Appeals for the Fifth Circuit partially granted the FDA's motion regarding mifepristone, subjecting it to pre-2016 regulatory requirements.
- The Fifth Circuit's decision was criticized for its analysis of standing, with concerns raised about statistical certainty and the potential harm to doctors.
- The court's reasoning on timeliness and exhaustion was questioned, with issues seen as less relevant due to the stay on the 2000 approval of mifepristone. The argument that the FDA violated the Administrative Procedure Act was also discussed.