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
Latest Conference: 2023-02-17
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether a Constitutionally cognizable case or controversy exists under Article III

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
Food and Drug Administration
Elizabeth B. PrelogarSolicitor General, Respondent