Constitutional Law
Apr. 25, 2023
The mifepristone debate lacks standing, harm, and should frighten everyone
The Fifth Circuit’s argument brushes aside the fact that millions of women have safely taken mifepristone without requiring medical intervention. An objectively reasonable likelihood of harm must exist to support standing, not a speculative chain of possibilities.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The case of Alliance for Hippocratic Medicine, et al. v. Food and Drug Administration (22-cv-223 N.D. Tex.) involves the legal dispute over access to abortion medication. The transcendent question lurking in the background is whether the judiciary or the states will have the final say on abortion access.
In Alliance, the plaintiffs are four national medical associations and four doctors who oppose abortion. On April 7, Distri...
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