Is it OK for a Single Judge to Determine Abortion Policy?
A single federal jurist, Judge Matthew Kacsmaryk, is presently deliberating upon a lawsuit in Texas that could invalidate the use of the abortion pill, mifepristone, nationwide. https://www.npr.org/2023/03/15/1163670457/abortion-pill-kacsmaryk-mifepristone-texas
Whether you agree or disagree with the eventual outcome, we have always believed it makes no sense for a single judge to be able to dictate national policy. In my book Solution to America’s Problems, I called for reforming the system, whereby only a three-member Court of Appeals could enact a ruling that would have national implications, such as creating an injunction on executive policy. Those decisions by the three-member panel should also be subject to a quick, 30-day review by the Supreme Court.
Now, a single judge in a Texas district court will be determining whether approvals for the pill were improperly sanctioned by the government two decades ago. It has ramifications on every state in the union. Should such a monumental decision be left to one judge? https://www.npr.org/2023/03/15/1163670457/abortion-pill-kacsmaryk-mifepristone-texas
Should one judge be able to overrule Obama’s immigration DACA decision or Trump’s Remain in Mexico policy? [VOTE HERE]
The stakes are just too high for these decisions to have national impact without adequate review and checks and balances.