The Food and Drug Administration, wanting to let people know about its new initiative to regulate those who sell Covid-19 antibody tests under existing medical test laws, sends a notice to each company that their new rules says if they continue to sell the Miralixr antibody tests, they will be fined $50 each. They note that their data shows tests have a 75% false negative reading, and give dangerous comfort to those who think they have the antibody. Thompson Corp. has been selling those tests for a year. They continue selling the Miralixr tests. The FDA inspects Miralixr and sees they sold 20,000 tests, and so they fined the Company $1,000,000. The FDA Administrative Law Judge heard the FDA test data. Miralixr asks you to challenge the federal action.

What do you tell them?Discuss the validity of the rule.Is it valid?Why or why not?

Discuss Chevron deference and how it would apply to a challenge from Thompson.

For 2 points extra credits, tell me the court where Thompson would go to challenge the rule.Then, if that court does not rule as Thompson wants, where is the next court Thompson would go to.