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![screenshot with some text highlighted in yellow
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
WHOLE WOMAN’S HEALTH ALLIANCE, et al.,
Plaintiffs,
v.
UNITED STATES FOOD AND DRUG ADMINISTRATION, et al.,
Defendants.
Case No. 3:23-cv-00019-RSB
PLAINTIFFS’ REPLY MEMORANDUM IN FURTHER SUPPORT OF
RETAINING JURISDICTION PENDING REMAND TO FDA
Defendants do not dispute that this Court has the authority to retain jurisdiction over this case pending the completion of FDA’s mifepristone review. See ECF Doc. 101 at 4–5 (citing cases). Nor do they dispute that it would be improper for FDA to disregard the statutory factors that should guide its mifepristone review in favor of political considerations. Instead, **Defendants disparage Plaintiffs’ concern about political interference with FDA’s review as “unfounded speculation.”** ECF Doc. 102 at 4. **Far from it — Plaintiffs have the receipts.**
Last week, in response to a FOIA request, Plaintiffs’ counsel received a production of FDA documents that included **a September 3, 2025 email from an “eop.gov” email address asking FDA and HHS for “a briefing on the status of the FDA [mifepristone] study design and proposed timelines.” Exhibit A. “EOP” stands for “Executive Office of the President” and “eop.gov” is the email address for the White House.** An HHS employee agreed the agencies would “do our best to accommodate.” Id. This document confirms that the threat of political interference with FDA’s review of the scientific evidence is very real. This Court should exercise its authority to retain...
full docket
https://www.courtlistener.com/docket/67347356/whole-womans-health-alliance-v-united-states-food-and-drug-administration/?order_by=desc](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:4fdfjfnhhyeo4hsmoxpeazsg/bafkreibuwvhboa5r7w25yinzg642ifjkeafamn2dcevu55xmkquw7vr4yy)
