Supreme Court of the United States · Official docket →
Children’s Health Defense, et al. v. Food and Drug Administration, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-6203 · judgment July 12, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Sixth Circuit decision below.
Questions presented
-
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?
-
Whether a Constitutionally cognizable case or controversy exists under Article III when agency action increases the risk of injury?
-
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?
Counsel of record
For petitioner
Robert Edward Barnes
Barnes law
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 21 2023Petition DENIED.
- Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 23 2023Waiver of right of respondent Food and Drug Administration to respond filed.
- Dec 20 2022Petition for a writ of certiorari filed. (Response due January 23, 2023)