In unanimous decision, Supreme Court solves FDA’s ‘standing’ issue

BY ALEXANDER GAFFNEY, MS, RAC

Two lower courts had articulated a Rube Goldberg-esque theory of “standing” – the right of a person or organization to sue another entity – based on the idea that doctors not prescribing mifepristone or treating patients who had taken it had experienced economic harms. But in a major decision today, the Supreme Court unanimously ruled that The Alliance for Hippocratic Medicine and the doctors it represented had not demonstrated adequate proof of standing to sue the FDA, offering the agency significant relief from the prospect of endless litigation.

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