The Network for Public Health Law monitors key court cases and relevant judicial trends in public health. The Network’s quarterly reporter, Judicial Trends in Public Health (JTPH), highlights select, recently published cases in public health law and policy from the prior 3 months. Case abstracts are organized within 11 key topics (adapted from James G. Hodge, Jr., Public Health Law in a Nutshell, 4th ed. (2021)), including hyperlinks to the full decisions (where available). Contact the Network for more information, questions, or comments.

Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration (N.D. Tex., Apr. 7, 2023): District Court Judge Matthew Kacsmaryk struck down FDA’s prior approval of mifepristone, a drug used in medication abortion, in a challenge seeking to eliminate U.S. availability of the drug. Read the abstract.

Washington v. U.S. Food and Drug Administration (E.D. Wash, Apr. 7, 2023): A second District Court decision was issued on April 7, 2022, in the Eastern District of Washington, further convoluting the status of mifepristone in the United States. District Court Judge Thomas O. Rice’s decision blocking the FDA from altering its mifepristone control program was issued just minutes after Judge Kacsmaryk issued his decision. Read the abstract.

TOPICS: These and other cases are organized on the Network website under the topics below (adapted from chapter titles in Public Health Law in a Nutshell (4th Edition) by James G. Hodge, Jr., Director, Network for Public Health Law—Western Region). Select a topic below to view all cases under that topic.

1.  Source and Scope of Public Health Legal Powers
2.  Constitutional Rights and the Public’s Health
3.  Preventing and Treating Communicable Conditions
4.  Social Distancing Measures
5.  Addressing Chronic Conditions
6.  Mitigating the Incidence and Severity of Injuries and Other Harms
7.  Public Health Information Management, Privacy and Security
8.  Regulating Communications
9.  Monitoring Property and the Built Environment
10.Public Health Emergency: Legal Preparedness and Response

11.COVID-19 Pandemic: Public Health Emergency Law and Policy Responses

JTPH is a collaboration of the Network’s Western and Eastern Region Offices led by Editor-in-Chief, Jennifer Piatt, J.D., Deputy Director, Network for Public Health Law—Western Region Office. Additional Western Region contributors include James G. Hodge, Jr., J.D., LL.M., Erica N. White, J.D., Madisyn Puchebner, and Lauren Krumholz. Contributors from the Network’s Eastern Region Office include Eastern Region Director Kathi Hoke, J.D. and Senior Attorney Joanna S. Suder, J.D.

Legal information or guidance provided in this transmission or website does not constitute legal advice or representation. For legal advice, please consult specific legal counsel in your state.

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