In the midst of a blizzard of Supreme Court decisions destabilizing the government as we have known it, many people might have missed a seemingly workaday case in which the court determined whether a lawsuit challenging a federal agency’s regulation was filed on time.
The federal appeals court in Texas rejected Kacsmaryk’s invalidation of the FDA’s original approval of mifepristone, not because it thought Kacsmaryk’s decision was wrong on the merits, but because the legal challenge to the approval hadn’t been filed within six years of the FDA’s final decision approving the drug., has standing to sue, you can be sure that they will renew their challenge to the FDA’s original approval, a quarter of a century ago, of mifepristone.
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