Legal Opinion

Apter v. Dept of Health & Human Svc

Court of Appeals for the Fifth Circuit

Decided September 1, 2023No. 22-40802PublishedCited by 8 opinions

1Opinion of the Court

Case: 22-40802 Document: 00516882138 Page: 1 Date Filed: 09/01/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED September 1, 2023 No. 22-40802 Lyle W. Cayce ____________ Clerk Robert L. Apter; Mary Talley Bowden; and Paul E. Marik, Plaintiffs—Appellants, versus Department of Health & Human Services; Xavier Becerra, in his official capacity as Secretary of Health and Human Services; Food & Drug Administration; Robert M. Califf, in his official capacity as Commissioner of Food and Drugs, Defendants—Appellees.…

2Cases cited28 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  3. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  4. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  5. Trudeau v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2006

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3Cited by8 opinions

  1. American Hospital Association v. BecerraDistrict Court, N.D. Texas · 2024
  2. Angels of Care Home Health Inc v. BecerraDistrict Court, N.D. Texas · 2025
  3. Garfield County, Utah v. TrumpCourt of Appeals for the Tenth Circuit · 2026
  4. Mitchell v. United States Army Corps of EngineersDistrict Court, M.D. Louisiana · 2024
  5. STATE OF TEXAS v. US Department of Homeland SecurityDistrict Court, W.D. Texas · 2023

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