United States DC Circuit

Summary judgment for the Food and Drug Administration (FDA) in an action seeking enforcement of a Freedom of Information Act (FOIA) request for all documents related to the FDA's approval of the "medical abortion" drug mifepristone or RU-486 is affirmed in part and remanded for further explanations as to certain entries in the FDA's Vaughn index summarizing withheld documents.

Appellate Information

• Argued 04/25/2006
• Decided 06/02/2006
• Published 06/02/2006

Judges

• Before:  SENTELLE, HENDERSON and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Meredith L. Di Liberto argued the cause for appellant.   With her on the briefs was Paul J. Orfanedes.


• For Appellees:
  
• Fred E. Haynes, Assistant U.S. Attorney, argued the cause for appellees Food & Drug Administration.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, Michael J. Ryan, and Eric M. Blumberg, Deputy Chief Counsel, Food & Drug Administration.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance., Nancy L. Buc, Kate C. Beardsley, and Carmen M. Shepard were on the brief for appellees Population Council, Inc. and Danco Laboratories, LLC.