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ASS'N OF AM. PHYSICIANS & SURGEONS v. U.S. FDA

No. 20-1784.

13 F.4th 531 (2021)

ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, Plaintiff-Appellant, v. UNITED STATES FOOD AND DRUG ADMINISTRATION; Janet Woodcock, M.D., Acting Commissioner of Food & Drugs, in her official capacity; Biomedical Advanced Research & Development Authority; Gary L. Disbrow, PH.D., Director, Biomedical Advanced Research & Development Authority, in his official capacity; U.S. Department of Health and Human Services; Xavier Becerra, Secretary of Health & Human Services, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 9, 2021.

Attorney(s) appearing for the Case

ON BRIEF: Andrew L. Schlafly , Far Hills, New Jersey, for Appellant. Scott R. McIntosh , Lewis S. Yelin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

MURPHY, J., delivered the opinion of the court in which SILER and THAPAR, JJ., joined. SILER, J. (pg. 547), delivered a separate opinion concurring in all but Part III.A.1 of the majority opinion.

OPINION

In Flast v. Cohen, 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968), the Supreme Court suggested that plaintiffs broadly have "standing" to sue over actions taken by the political branches whenever the litigants are sufficiently "adverse." See id. at 100-01,...

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