Wednesday, December 13, 2023

Cert grant in mifepristone case

Order list here. Note that the Court granted petitions from the FDA and the drug manufacturers on the issues on which they lost--standing and the challenge to the later changes to mifepristone approval. It denied a cross petition from the plaintiffs on the issues on which they lost--challenge to the original 2000 approval of the drug. This suggests that standing, especially traceability, will be the real focus of the argument.

The Court allotted one hour of argument time for the consolidated arguments. Post-COVID, Court shifted the way it conducts arguments. Each side gets some time (usually 15-20 minutes, probably 30 minutes in this case) for a regular argument. That is followed by a round of serial questioning from each Justice, in order of seniority. And that has no time limit, often it is less about questioning than about the Justices making arguments, and can go on for awhile. So do not be surprised if these arguments surpass three hours.