Case 1:23-cv-03026-TOR ECF No. 80 filed 04/07/23 PageID.2174 Page 13 of 31
- b. Direct Suit
In a direct suit where a state seeks redress for its own injuries, the state must meet Article III’s minimum requirements. Bernhardt, 923 F.3d at 178. A plaintiff “must allege that they have suffered, or will imminently suffer, a ‘concrete and particularized’ injury in fact.” City & Cnty. of San Francisco v. United States Citizenship & Immigr. Servs., 981 F.3d 742, 754 (9th Cir. 2020) (quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992)).
Under the APA, a claimant must also establish that their interests are “arguably within the zone of interests to be protected or regulated by the statute.” Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. 209, 224 (2012) (quoting Ass’n of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 153 (1970)). This test is not “especially demanding” and requires only that the interest is “sufficiently congruent with those of the intended beneficiaries that the litigants are not more likely to frustrate than to further the statutory objectives.” City & Cnty. of San Francisco, 981 F.3d at 755 (citations omitted).
Plaintiffs assert the following direct harm: (1) unrecoverable costs on the States’ Medicaid and other state-funded health care programs from increased surgical abortions and pregnancy care, (2) practice restrictions on providers and pharmacists, including state employees, and (3) unrecoverable costs in implementing systems to comply with the 2023 REMS’ patient agreement and
ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION ~ 13
