In follow-up to this post, we are happy to report that Dr. Sisley is still fighting the good fight: on Monday, Petitioners filed a Petition for Panel Rehearing or Rehearing En Banc. Although it’s not uncommon for these to get filed, few and far in between are granted (filing such a petition to rehash the same arguments is considered an abuse of the privilege). However, this specific Petition is one to consider – the Petition writes “the Opinion directly conflicts with multiple Supreme Court decisions; authoritative decisions this Court and every other circuit; and fundamental APA norms.” And of course, beyond that, the reasoning behind the Panel’s Opinion “presents issues of exceptional societal and jurisprudential importance”:

“Substantively, Petitioners asked this Court to reexamine a key misinterpretation of the CSA’s text that fuels the divide between federal and state medical marijuana laws. But don’t be fooled. This case isn’t just about pot. It is about fundamental administrative law questions with weighty separation of powers implications: When is judicial review of final agency action available? Who may obtain it? And which branch says what the law is? In his statement in Standing Akimbo, LLC v. United States, 141 S. Ct. 2236 (2021),

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