Washington, D.C. — Some federal judges in Alliance for Hippocratic Medicine v. Food and Drug Administration (FDA) have made a plethora of egregious misinterpretations. A new series by the Center for American Progress analyzes how judges on this case, both on the district court and circuit court level, have thus far attempted to upend basic legal procedure in an unprecedented manner, emphasizing the growing politicization of the judiciary. The series looks at basic misinterpretations the judges have committed in their decisions in the ongoing Alliance for Hippocratic Medicine v. FDA case that upend legal norms, including:
- Legal standing: The judges have bypassed basic legal standing requirements to incorrectly establish that plaintiffs have been “hypothetically injured,” revealing how broadly judges are willing to interpret legal doctrine to effectuate what appears to be their personal ideologies.
- Hypothetical harms: The judges have relied on dubious studies and false claims that medication abortion will result in patients “overtaking” emergency rooms because of mifepristone.
- Statute of limitations: The judges have allowed claims that are obviously time-barred to proceed in the judicial system to roll approvals and protections of mifepristone as far back as possible.
“At each step in the Alliance for Hippocratic Medicine v. FDA case, the politicization of the judiciary comes into clearer focus. The judges’ seeming willingness to push their own agenda above following the law is putting millions at risk of not having safe access to abortion care. This is dangerous and unprecedented territory. There should never be a circumstance in which judges—not medical professionals—can use their judicial power to make safety and efficacy determinations on medications,” said Sabrina Talukder, director of the Women’s Initiative and co-author of the series.
Read the series here:
“Alliance for Hippocratic Medicine v. FDA: Legal Standing and the Impact on Abortion Access” by Sabrina Talukder
“Alliance for Hippocratic Medicine v. FDA: The Safety of Medication Abortion Care” by Becca Damante
“Alliance for Hippocratic Medicine v. FDA: The Statute of Limitations and the Impact on Abortion Access” by Sabrina Talukder
For more information or to speak with an expert, please contact Sarah Nadeau at firstname.lastname@example.org.