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Children’s Health Defense, et al. v. Food and Drug Administration, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-50167 · judgment January 23, 2024


Certiorari denied · June 24, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a petition filed soon after the judgment below.

Question presented

Whether a Constitutionally cognizable case or controversy exists under Article III when agency action causes substantial resource diversion of an organization and exposes children they represent to an unvetted and unsafe “vaccine”, in light of this Court’s conflicting injury-in-fact standards set forth in United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669 (1973) and TransUnion LLC v. Ramirez, 495 U.S. 413 (2021)?

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

  1. Jun 24 2024
    Petition DENIED.
  2. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  3. May 28 2024
    Waiver of right of respondent FDA, et al. to respond filed.
  4. Apr 22 2024
    Petition for a writ of certiorari filed. (Response due May 28, 2024)