Will the supreme court reverse the lower court ruling that invalidates FDA approval for Mifeprestone?
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resolved Jun 13
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YES

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The Court has consolidated Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine with Food and Drug Administration v. Alliance for Hippocratic Medicine. Oral argument will occur under the latter. See Supreme Court docket 23-235. Here is the relevant SCOTUSblog page. The questions presented in this case include whether the FDA's actions were "arbitrary and capricious" and whether "the district court properly granted preliminary relief," both of which reflect on this market.

So, since the case won't be decided until summer of 2024, @BTE, can you change the closing date?

predictedNO

The Fifth Circuit already limited this ruling. If the Supreme Court upholds the Fifth Circuit's ruling such that mifepristone is approved but less broadly than the FDA wants, what happens?

predictedNO

@AndrewWard Please answer this question. The plaintiffs challenged a lot of discrete FDA decisions. Then the Fifth Circuit agreed that some were invalid, even as it upheld the overall approval of mifepristone. So what SCOTUS outcomes lead to what resolutions? Thank you!

@BTE Does this resolve NO or NA if it never reaches the Court?

predictedYES
predictedYES

@Radicalia But hasn’t it already?

@BTE I don’t think they’ve granted cert on the merits yet

predictedYES
predictedYES

@NicoDelon I originally worded it to say "stay" the ruling, but I changed it to "reverse" so it won't resolve until the full court votes and the ruling is final.

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