Judiciary Overreach: Examining the Disturbing Trend of Judges Venturing into Scientific and Medical Realms

In a recent turn of events, judges from the Fifth Circuit have made a controversial move, opting to intercede in pharmaceutical matters. They have questioned the FDA’s understanding of mifepristone, a decision that raises alarming concerns given the FDA’s statutory and regulatory powers. In effect, the Fifth Circuit judges are stepping out of their judiciary roles and into roles of historians, neurologists, and drug scientists. Might we consider Jack of all trades as a new categorization for Yale and Harvard JDs?Reuters reports this development.

Similarly, the Federal Circuit’s recent backtracking over the critique of judges playing neurologists warrants attention. The Circuit pointed to Judge Pauline Newman’s unwillingness to publicize medical records of a cardiac event, a justification used to bar her from the court. However, this twisted rationale seems to be flawed as the risk of a heart attack hardly impacts a judge’s faculties directly. The Federal Circuit judges, in this regard, are straying towards functioning as cardiologists, as referenced by Law360.

In political news, the names and addresses of Georgia grand jurors were made public by Trump supporters, a shocking incident that took place within a few hours of their initial revelation. More on this story can be found on NBC.

In another development, the Supreme Court’s decision against student loan forgiveness could hamper the market by stripping it of potential 401(k) investment. The implications of this ruling were reported by Bloomberg Law News.

On the corporate side, some law firms are expressing disinterest in a fully remote workforce, an understandable stance in certain practice areas. However, American Lawyer suggests that this could be conflated with hybrid work models, leading some firms to misuse this as a cover to end working from home arrangements.

Meanwhile, Corporate Counsel reveals that Fox News seeks a new CLO, following the prior one’s departure amid the company accruing around a billion in liability. The question that arises is, who would opt for this challenging and high-risk role?

In a rather enjoyable off-work story, Freshfields’ managing partner has been spending his spare time racing in FIA bronze level events. Read more about this extracurricular activity on LegalCheek.