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A unanimous 9th Circuit panel held that a group of seven Republican-led states do not have legal standing to try to get a court to impose restrictions on the abortion pill mifepristone, including a ban on prescribing it by telemedicine and dispensing it by mail, our colleague Brendan Pierson reports.
In the ruling, the appellate court said the states cannot show that they are injured by the FDA’s decision to remove an in-person dispensing requirement for the drug. The states, which include Idaho, Iowa and Montana, had asked to intervene to oppose a lawsuit by 12 Democratic attorneys general seeking to lift existing restrictions on mifepristone, including a requirement that it be distributed only through specially licensed pharmacies.
The Republican-led states had argued that making mifepristone available by mail would result in more use of the drug under dangerous conditions, leading to more women seeking treatment for complications. The 9th Circuit panel said that the chain of causation linking the FDA’s decision with higher costs was “highly attenuated.”
The decision comes the month after the U.S. Supreme Court preserved access to the pill by finding that anti-abortion groups and doctors in a separate case do not have standing to seek restrictions on it. The Supreme Court did not rule on the underlying merits of the case, leaving the pill open to future challenges.
Idaho, which led the Republican states’ effort, is also pursuing claims in Amarillo, Texas federal court alongside Missouri and Kansas that similarly seek to reimpose the in-person requirement and other restrictions on mifepristone.
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- Judges on the Federal Circuit said the court should maintain its 2023 suspension of their 97-year-old colleague, Circuit Judge Pauline Newman, for another year. The three-judge committee investigating Newman – consisting of Chief Circuit Judge Kimberly Moore and Circuit Judges Sharon Prost and Richard Taranto – said in a filing that she did not convince them that the suspension should be lifted.
- Dentons’ next global CEO will be Kate Barton, a former EY executive who will take over from Elliott Portnoy in November. Her arrival will cap a leadership transition at Dentons.
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That’s how many software vendors can band together as a class in litigation accusing automotive technology giant CDK Global of restricting access to car dealer data, causing them to pay hundreds of millions of dollars in overcharges, a U.S. judge in Chicago has ruled. U.S. District Judge Rebecca Pallmeyer gave the OK to a class covering AutoLoop and other vendors which create apps within car dealer management systems to provide services such as inventory management, repair orders and warranty services. The vendors have alleged CDK curtailed once-broad access to dealer systems, driving up the prices that AutoLoop and others pay to access data to power their apps.
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When the U.S. Supreme Court returns to work this fall, the justices will decide whether to grant review in what the 5th Circuit has described as a “seismic” case challenging precedent that shields federal agency heads from being fired at the whim of the U.S. president. It’s way too early, writes Alison Frankel, to start gaming out all of the potential fallout if the justices take the case and side with critics of the administrative state. But a new opinion by a Texas judge who halted the NLRB’s case against SpaceX, Frankel writes, offers hints at the chaos that could ensue.
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- The federal Judicial Panel on Multidistrict Litigation will meet and hear arguments in Portland, Maine, federal court. Among other cases, the panel will weigh selecting a venue for a class action accusing Hess, Pioneer and other oil and gas producers of conspiring to curb output of shale oil, causing consumers to pay inflated fuel prices.
- Senator Edward Markey of Massachusetts, the lead Senate author of a bill that would add four seats to the U.S. Supreme Court, will hold a press conference on the steps of the high court with other supporters of the Judiciary Act.
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Court calendars are subject to last-minute docket changes.
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- U.S. District Judge Reed O’Connor in Fort Worth, Texas overturned a Biden administration ban on forced reset triggers, after-market accessories that allow AR-15 type rifles to be fired more rapidly by automatically returning the trigger to its starting position after it is pulled.
- Lyft will implement several safety and governance reforms to settle a shareholder lawsuit accusing the ride-sharing company’s officers and directors of not doing enough to stop drivers from sexually and physically assaulting passengers. The agreement requires a judge’s approval.
- Vintage Wine Estates, one of the largest U.S. wine producers, filed for Chapter 11 bankruptcy, citing overexpansion, too much debt and a surplus of grapes as wine drinkers emerging from pandemic lockdowns drank less. The Santa Rosa, California-based company will seek a Delaware bankruptcy judge’s permission to sell substantially all its assets, it said in its petition.
- The DOJ asked the 2nd Circuit to reinstate a lawsuit by DirecTV accusing Nexstar Media and two other television station owners of scheming to drive up retransmission fees for distributing content to viewers. In a friend-of-the-court brief, the DOJ argued that a lower court judge applied the wrong legal framework in an order in March dismissing DirecTV’s lawsuit against the station owners.
- U.S. Bankruptcy Judge Marvin Isgur approved a Zachry Holdings and Golden Pass LNG settlement that will allow Exxon Mobil and Qatar Energy, the owners of Golden Pass LNG, to hire a new lead contractor to complete its LNG plant. The project is one of two U.S. LNG facilities that were expected to significantly expand supplies from the world’s top exporter of the superchilled fuel.
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