In a not-so-subtle hint that it's prepared to fight, the American Clinical Laboratory Association last week announced it has hired longtime U.S. Supreme Court advocate Paul Clement and constitutional scholar Laurence Tribe to challenge federal regulators.
The conservative-liberal team isn't working on a cert petition or an appellate argument. Clement and Tribe have been retained to fight draft guidance by the U.S. Food and Drug Administration to regulate certain laboratory tests — proposed nonbinding rules that are open for comment until February.
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