united-states jurisdiction
Jurisdiction over FDA
<p>What exactly grants Federal courts jurisdiction / authority over the FDA, such that they can invalidate approval of pharmaceuticals?</p>
<p>This article prompts the question:
<a href="https://abcnews.go.com/Health/canada-offer-access-mifepristone-abortion-drug-banned-us/story?id=98750787" rel="noreferrer">https://abcnews.go.com/Health/canada-offer-access-mifepristone-abortion-drug-banned-us/story?id=98750787</a></p>

<p><a href="https://www.law.cornell.edu/constitution/articleiii" rel="nofollow noreferrer">Article III</a> of the United States Constitution vests the nation's judicial power -- which includes the authority to hear &quot;all cases, in law and equity, arising under ... the laws of the United States&quot; -- in the Supreme Court of the United States, and in the inferior courts established by Congress.</p>
<p>The federal courts therefore have authority under the Constitution to hear basically any case alleging that a federal law has been violated.</p>
<p>The federal district courts specifically have jurisdiction over any case in which the United States or any federal agency is a <a href="https://www.law.cornell.edu/uscode/text/28/1345" rel="nofollow noreferrer">plaintiff</a> or <a href="https://www.law.cornell.edu/uscode/text/28/1346" rel="nofollow noreferrer">defendant</a>.</p>
<p>But jurisdiction to hear a case is different than being empowered to grant the relief requested in a case. That authority comes from the Administrative Procedure Act, where Congress has specifically permitted judicial review of agency actions in <a href="https://www.law.cornell.edu/uscode/text/5/702" rel="nofollow noreferrer">5 U.S.C. § 702</a>:</p>
<blockquote>
<p>A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.</p>
</blockquote>

<p>The <a href="https://en.wikipedia.org/wiki/Administrative_Procedure_Act_(United_States)" rel="noreferrer">Administrative Procedures Act</a> grants federal courts the power to review agency actions, including approval of pharmaceuticals. See <a href="https://www.law.cornell.edu/uscode/text/5/706" rel="noreferrer">5 U.S.C. § 706</a>. This section gives federal courts the power to invalidate agency actions on various bases.</p>
