Page:Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration (5th Cir. Apr. 12, 2023).pdf/18

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ongoing.” Friends of the Earth, 528 U.S. at 184. Accordingly, plaintiffs face a “substantial risk” of recurrence. Susan B. Anthony List v. Driehaus, 573 U.S. 149, 158 (2014) (quotation omitted).

And even if one of the named doctors never sees another patient, it’s inevitable that one of the thousands of doctors in plaintiff associations will. For example, one of the plaintiff associations, the American Association of Pro-Life Obstetricians & Gynecologists, “is the largest organization of pro-life obstetricians and gynecologists” and has “more than 7,000 medical professionals nationwide.” PI App. 165. The Christian Medical and Dental Association has “more than 600 physicians and approximately 35 OBGYNs.” PI App. 179. The American College of Pediatricians has a membership of “more than 600 physicians and other healthcare professionals.” PI App. 187. These associations presented affidavits from individual members, elucidating the various harms discussed herein. See Friends of the Earth, 528 U.S. at 183–84. Thus, they have associational standing to sue on behalf of their members. See N.Y. State Club Ass’n, Inc. v. City of New York, 487 U.S. 1, 9 (1988); Hunt v. Wash. State Apple Advertising Comm’n, 432 U.S. 333, 343 (1977). That means that so long as one doctor among the thousands of members in these associations faces an injury, Article III is satisfied. See Rumsfeld, 547 U.S. at 52 n.2.

The doctors can also show that these injuries are traceable to FDA regulations and redressable by this court. See Defs. of Wildlife, 504 U.S. at 560–61. That’s because the 2016 Major REMS Changes, the 2021 Petition Denial, and the 2023 Mail-Order Decision all empower non-doctors to prescribe mifepristone and thus shift the costs of the drug onto the plaintiff physicians who must manage the aftermath. See, e.g., PI App. 218 (“I spent a significant amount of time that day working to save her life from unnecessary complications due to the irresponsible administration and use of mifepristone and misoprostol. As a result of the significant time that I devoted to that

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