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Legal Analysis of Medication Abortion Access Challenge
The theory presented in the challenge collapses due to being legally outlandish, which coupled with the timing before the 2024 election, could lead to backlash. Justices have historically given standing to plaintiffs with hypothetical injuries, but in this case, the challenge is fundamentally different as the doctors are not directly affected by any law. Unlike past cases supported by social science data, the plaintiffs lack medical scientific evidence for their claims. Justice Jackson suggested that the doctors could opt out of procedures they object to, as federal law already provides for exemptions, making the case for preventing access to medication abortion drugs weaker.