Case: 23-10362 Document: 543-1 Page: 30 Date Filed: 08/16/2023
argument is “limitless,” and worries that its logic would allow doctors to challenge firearm laws based on the stress involved with treating gunshot victims. Danco Br. at 22–23 (citing E.T. v. Paxton, 41 F.4th 709, 721 (5th Cir. 2022)). But we see several limits. Foremost is the rigorous evidence needed to prove traceability and redressability. The plaintiffs in Danco’s hypothetical would lack standing unless they could prove that a particular law caused there to be more gunshot victims, and that enjoining enforcement of the law would cause there to be fewer. That is a tall order, to say the least. Equally significant is the requirement that a plaintiff be threatened with injury akin to being forced to violate his or her sincerely held conscience beliefs. That sort of injury will be absent except in the most exceptional cases. We do not think that our holding will open the floodgates to the litigation Danco describes.
c. Traceability
Standing to challenge mifepristone’s approval does not necessarily include standing to challenge FDA’s subsequent actions. That is so because “standing is not dispensed in gross; rather, plaintiffs must demonstrate standing for each claim that they press and for each form of relief that they seek.” TransUnion, 141 S. Ct. at 2208. As we have said many times, standing proceeds claim by claim. E.g., In re Gee, 941 F.3d 153, 170–71 (5th Cir. 2019); Friends of St. Frances Xavier v. FEMA, 658 F.3d 460, 466 (5th Cir. 2011). The Medical Organizations and Doctors are correct, then, to acknowledge that they must show “harms to the plaintiff doctors and associations [that] flow from each of the relevant FDA actions.” Alliance Br. at 22.
i. 2016 Amendments
The Medical Organizations and Doctors contend that the 2016 Amendments will increase the number of women who suffer complications as a result of taking mifepristone. That is so for three reasons, they say. First, the risk of complication increases with gestational age, and the Amendments
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