Food and Drug Administration v. Alliance for Hippocratic Medicine
United States Supreme Court
140 S. Ct. 1540 (2024)

- Written by Sean Carroll, JD
Facts
The Food and Drug Administration (FDA) (defendant) amended its regulations to make it easier to obtain mifepristone, an abortion drug. Pro-life doctors and organizations (the doctors and organizations) (plaintiffs) sued the FDA for violating the Administrative Procedure Act. The doctors did not prescribe or use the drug in question. The FDA argued that the doctors and organizations did not have standing to bring the claim. Regarding the injury in fact required for standing, the doctors and organizations put forth three arguments. First, the doctors argued that they had standing due to downstream conscience injuries in the form of their possibly needing to perform more emergency abortions in the emergency room against their morals. Second, the doctors argued that they had standing due to downstream economic injuries in the form of those emergency abortions taking resources away from other patients, and perhaps increasing liability insurance. Third, the organizations claimed that the new regulations impaired their ability to fulfill their organizational missions. The district court ruled that there was standing and ruled against the FDA on the merits. The FDA appealed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Kavanaugh, J.)
Concurrence (Thomas, J.)
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