In June, the Supreme Court ruled in favor of the FDA, declaring that the original plaintiffs lacked standing to challenge the approval of mifepristone. This ruling led to the voluntary dismissal of the original plaintiffs’ claims. The Biden administration and Danco Laboratories now argue that the states cannot continue the litigation since they never had proper jurisdiction to intervene in the first place. They also contend that the case should be transferred to another jurisdiction, such as the District of Columbia, District of Maryland, or the Western District of Missouri.
“The states incorrectly suggest that this court had jurisdiction over the original plaintiffs’ claims at the time of intervention, which allows the states to continue litigating in this court,” the government stated. “But that is not how standing works; the Supreme Court’s decision necessarily means that this court never had jurisdiction over plaintiffs’ claims.”
The states involved in the litigation, however, argue that parts of the Fifth Circuit’s opinion are still binding, despite the Supreme Court’s decision, and insist they have the right to continue pursuing the case. They also contend that the Biden administration and Danco Laboratories are seeking to move the case out of the Fifth Circuit because it ruled against the FDA.
