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Navigating Executive Orders and DOJ Memos That Threaten Criminal Prosecution

FDA Law Blog

Below, we highlight some of the challenges we would see in the governments attempt to pursue these cases. Additionally, courts have generally been even more receptive to pre-enforcement challenges to prosecution that impinges on First Amendment rights. Driehaus , 573 U.S. 149, 158 (2014). See United States v. Facteau , 89 F.4th