In early September, the Sixth Circuit issued a published opinion—Association of American Physicians & Surgeons v. United States Food and Drug Administration, 13 F.4th 531 (6th Cir. 2021)—that takes aim at the lurking issues related to associational standing and the propriety of nationwide injunctions in light of recent Supreme Court opinions that address those issues more broadly.

The Association challenged an FDA authorization curtailing the distribution of hydroxychloroquine from the federal stockpile, which limited prescribing the drug only to a specific subset of patients hospitalized with Covid-19. The Association argued the harm suffered was that the authorization (1) required it to consider cancelling a conference, (2) prevented its members from prescribing the drug, and (3) precluded its members’ patients from receiving the benefits of taking the drug as a preemptive treatment for Covid-19.

Read the article below.