Tuesday, March 02, 2021 7:20:24 AM
Their Kisor v Wilkie decision makes Ungaro’s previous ruling a non-option, if remanded to her court.
She granted summary judgement based on deference to the FDA. SCOTUS changed the rules on that with Kisor v Wilkie. Precedence has been established at “thee” highest court. Ungaro would have to play extremely loosely with the laws to find authority/jurisdiction/justification to try traveling that road again. Deference is out.
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