The Washington PostDemocracy Dies in Darkness

Opinion The rot in the federal judiciary goes deeper than the Supreme Court

Columnist|
July 11, 2023 at 7:45 a.m. EDT
Matthew J. Kacsmaryk testifies before the Senate in 2017. (Senate Judiciary Committee via AP)
5 min

The worst federal court decisions may not have come from the Supreme Court. If you are concerned about contempt for precedent, partisan hackery and judicial hubris, take a look at what district court judges have been doing.

There was U.S. District Judge Matthew J. Kacsmaryk’s atrocious ruling in April reversing the Food and Drug Administration’s 2-decades-old approval of the abortion pill mifepristone. He obliterated any notion of standing, ignored the six-year statute of limitations for challenging FDA approvals, spewed a raft of right-wing disinformation and ignored decades of medical data. The Biden administration successfully appealed issuance of a nationwide injunction.