{"content":[{"text":"Case: 20-1784","bbox":{"left":0.224232,"top":0.011515,"width":0.12860800000000006,"height":0.020818000000000003}},{"text":"Document: 24","bbox":{"left":0.380095,"top":0.011515,"width":0.12205899999999997,"height":0.020818000000000003}},{"text":"Filed: 06/21/2021","bbox":{"left":0.529408,"top":0.011515,"width":0.15151100000000006,"height":0.020818000000000003}},{"text":"Page: 1","bbox":{"left":0.708173,"top":0.011515,"width":0.06758799999999987,"height":0.020818000000000003}},{"text":"Andrew L. Schlafly \n Attorney at Law \n 939 Old Chester Rd. \n Far Hills, NJ 07931 \n (908) 719-8608 \n (908) 934-9207 (fax) \n aschlafly@aol.com","bbox":{"left":0.404902,"top":0.091657,"width":0.19000000000000006,"height":0.12555300000000003}},{"text":"June 21, 2021","bbox":{"left":0.588194,"top":0.238324,"width":0.12762799999999996,"height":0.019593999999999973}},{"text":"BY CM/ECF","bbox":{"left":0.117647,"top":0.27893,"width":0.12754,"height":0.019594}},{"text":"Judges Siler, Thapar and Murphy \n United States Court of Appeals for the Sixth Circuit \n 540 Potter Stewart U.S. Courthouse \n 100 E. Fifth Street \n Cincinnati, Ohio 45202-3988","bbox":{"left":0.117647,"top":0.319536,"width":0.47504300000000005,"height":0.10095799999999999}},{"text":"Re:","bbox":{"left":0.176494,"top":0.441506,"width":0.03179699999999999,"height":0.019594}},{"text":"Ass’n of Am. Phys. & Surgs. v. FDA, et al., No. 20-1784 (6th Cir.)","bbox":{"left":0.24098,"top":0.441506,"width":0.6063259999999999,"height":0.019594}},{"text":"Dear Judges Siler, Thapar and Murphy,","bbox":{"left":0.117647,"top":0.482263,"width":0.361308,"height":0.019594}},{"text":"Pursuant to FED. R. APP. P. 28(j), Plaintiff-Appellant Association of \n American Physicians & Surgeons (“AAPS”), alerts this Court to the recent \n decision in Florida v. Becerra, No. 8:21-cv-839-SDM-AAS, 2021 U.S. Dist. \n LEXIS 114297 (M.D. Fla. June 18, 2021). The Department of Health and Human \n Services (HHS) is a defendant there also.","bbox":{"left":0.117647,"top":0.522869,"width":0.7516050000000001,"height":0.10095799999999999}},{"text":"United States District Judge Steven Merryday rejected arguments against \n standing similar to those made by HHS here, and rejected its claims of unfettered \n agency authority. Id. *16 - *30, *87 - *88. He did not defer to HHS coronavirus \n policy which does not withstand scrutiny. He thoroughly rejected HHS’s position \n that it could act “athwart” the president without judicial review. Id. at *89. This \n ruling is consistent with arguments made by AAPS here in its opening brief (pp. \n 37-39, 42-45, 46-47) and its reply brief (pp. 5-8, 9-17).","bbox":{"left":0.117647,"top":0.644839,"width":0.7501659999999999,"height":0.1415639999999999}},{"text":"Judge Merryday rejected the broad deference demanded by HHS. As to \n standing, he expressly found that causation exists “if a third party’s compliance \n with an agency order necessarily injures the plaintiff.” Id. at *26. HHS neither \n operates cruise shops nor holds a medical license, and yet exceeded its authority in \n both domains by intermeddling in the name of public health.","bbox":{"left":0.117647,"top":0.807415,"width":0.756813,"height":0.10095699999999996}}],"images_bbox":[],"images_bbox_not_text_overlap":[]}