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COOK v. FOOD & DRUG ADMINISTRATION

Nos. 12-5176, 12-5266.

733 F.3d 1 (2013)

Daniel Wayne COOK, et al., Appellees v. FOOD & DRUG ADMINISTRATION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2013.

Attorney(s) appearing for the Case

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Stuart F. Delery , Principal Deputy Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, Scott R. McIntosh , Attorney, William B. Schultz , Acting General Counsel, U.S. Health and Human Services, and Eric M. Blumberg , Deputy Chief Counsel.

Kent S. Scheidegger was on the brief for amicus curiae Criminal Justice Legal Foundation in support of appellant.

Eric A. Shumsky argued the cause for appellees. With him on the brief were Coleen Klasmeier and Dale A. Baich , Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Arizona.

Opinion for the Court filed by Senior Circuit Judge GINSBURG.

GINSBURG, Senior Circuit Judge:

A group of prisoners on death row in Arizona, California, and Tennessee sued the Food and Drug Administration, the Department of Health and Human Services, and the official in charge of each agency (collectively, the FDA) for allowing state correctional departments to import sodium thiopental (thiopental), a misbranded and unapproved new drug used in lethal injection protocols, in violation of...

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