No. 22-584

Children’s Health Defense, et al. v. Food and Drug Administration, et al.

Lower Court: Sixth Circuit
Docketed: 2022-12-23
Status: Denied
Type: Paid
Response Waived
Tags: agency-action article-iii case-or-controversy constitutional-standing injury resource-diversion risk-of-injury standing third-party third-party-injury
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether a Constitutionally cognizable case or controversy exists under Article III

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a Constitutionally cognizable case or controversy exists under Article III when agency action is a substantial factor in the actions of an independent third party that inflicts the injury? 2. Whether a Constitutionally cognizable case or controversy exists under Article III when agency action increases the risk of injury? 3. Whether a Constitutionally cognizable case or controversy exists under Article III when agency action causes an organization to divert resources for prelitigation investigation of the agency’s action?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-23
Waiver of right of respondent Food and Drug Administration to respond filed.
2022-12-20
Petition for a writ of certiorari filed. (Response due January 23, 2023)

Attorneys

Children’s Health Defense, et al.
Robert Edward BarnesBarnes law, Petitioner
Robert Edward BarnesBarnes law, Petitioner
Food and Drug Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent