Tuesday to Tuesday, 2026-10-27 to 2026-11-03 · · run 20261105T0454Z
FOIA Appeal Lacks Jurisdiction
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The DC Circuit Court of Appeals dismissed an appeal by the Informed Consent Action Network on November 3, 2026, for lacking jurisdiction, the court said.
In 2019, the Informed Consent Action Network submitted a Freedom of Information Act request to the Food and Drug Administration seeking emails related to the Center for Biologics Evaluation and Research’s Office of Vaccines Research and Review.
After the FDA neither produced the records nor determined whether it would comply, ICAN sued in 2025 to compel the documents’ production.
The FDA requested additional time to process the request, citing exceptional circumstances and due diligence.
The district court stayed proceedings for eighteen months and ordered periodic status reports.
The appeals court dismissed the appeal because federal courts of appeals require final decisions from district courts to review them.
The court found the district court’s order was subject to revision, citing Summers v. United States Department of Justice.
Because the order was subject to revision, the collateral order doctrine did not apply.
Sources
- Informed Consent Action Network v. FDA US Court of Appeals, DC Circuit
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