However, 2022 brought with it a storm. Associations of physicians, some of whom had never endorsed Mifeprex, took the FDA to task. Their contention? The FDA’s adjustments in 2016 and 2021 overstepped their bounds, going against the Administrative Procedure Act.
In its petition, Danco poised two pivotal queries for the court’s deliberation:
- Can an association, on the premise of potential future harm to an unnamed member, prove its standing to challenge a governmental directive?
- Did the Fifth Circuit misstep by backing the interim injunction against the FDA’s 2016 and 2021 decisions, especially when relying on an incomplete administrative record?
Voices from the Battlefield
The debate is fiery. Erik Baptist, representing the anti-abortion factions from the Alliance Defending Freedom, voiced his concerns, stating that the FDA’s actions have compromised the safety of countless women. He called on the Supreme Court to hold the FDA accountable, echoing the sentiments of two previous courts.
