Oregon Democratic Senator Ron Wyden is introducing the along with fellow Democrat Deborah Ross, a member of the U.S. House from North Carolina. Both refer to a Texas judge鈥檚 ruling in April that suspended the Food & Drug Administration鈥檚 approval of mifepristone, commonly known as the 鈥渁bortion pill.鈥� That judge deemed the drug unsafe, despite being on the market for 23 years.
Wyden said anti-abortion extremists had made sure the Trump-appointed judge got to rule on the drug, and adds his legislation would limit weaponization of the court system by 鈥渞ogue鈥� judges.
鈥淚f you鈥檙e talking about changing a national policy, you wouldn鈥檛 just have one local judge calling all the shots, you鈥檇 have a three-judge panel to process a way to ensure that there鈥檚 fair treatment,鈥� Wyden said.
Ross has introduced the legislation in the House already, while Wyden will do so in the Senate when that chamber is back in session.
The bill already has the support of a reproductive health clinic in Eugene.
At an event with Wyden on Wednesday afternoon, Amy Handler, interim president at Planned Parenthood of Southwestern Oregon, talked about how consequential targeted lawsuits with sympathetic judges can be.
鈥淛udge shopping could have effects on every aspect of our lives,鈥� Handler told a small crowd and media. 鈥淭his isn鈥檛 about healthcare or bodily autonomy. Anyone with a political or religious perspective could bring a case in front of a sympathetic judge and alter the lives of people across the country in any number of ways.鈥�
Wyden鈥檚 legislation seeks to limit hand picking of judges, increase transparency, and shift major decisions to a three-judge panel.
In a release, Ross said, 鈥淎merica was founded on the principle of equal justice under law, and the impartiality of judges and our court system is paramount to that fundamental promise. Nobody should have the power to choose who decides their case, especially when the ruling will have widespread consequences for all Americans. The Fair Courts Act would strengthen our justice system by limiting both the power of parties to choose individual judges and the power of individual judges to issue nationwide relief. "
Wyden and Ross鈥檚 legislation includes the following provisions:
* Prohibits a district court from granting nationwide relief unless the request is heard by a panel of three judges.
* Requires certain cases filed in a federal court to be randomly assigned to judges within the district or state where the case was filed.
* Increases transparency in the way that cases are assigned to judges by requiring this information to be made available on the district court鈥檚 website.
A circuit appeals court is expected to rule on whether mifepristone can be distributed as before, or with restrictions.
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