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Journal of Race, Gender, and Ethnicity

Date

2026

Abstract

This article examines how courts are invoking FDA v. Alliance to define the limits of legal standing in litigation—specifically, in a reproductive health context. Reproductive health, as used here, encompasses a broad range of medical, legal, and policy issues related to abortion access, gender-affirming care, pregnancy, and professional regulation of services connected to reproductive decision-making. It includes the provision of and restrictions on reproductive healthcare services, the regulation of speech related to those services (e.g., advertising and advocacy), and the institutional responses to contested laws and agency rules affecting bodily autonomy, medical practice, and expressive conduct. Drawing on an original dataset of all federal and state court decisions citing FDA between June 13, 2024, and February 27, 2025, our study offers a systematic analysis of how the case is being interpreted and applied across the reproductive health landscape.

The article proceeds in four parts. Part II examines FDA within the broader framework of standing doctrine. Part III outlines the methodology used to collect and analyze state and federal court cases that have cited FDA in the reproductive context. Part IV presents the findings, focusing on the main legal themes, actors, and types of issues involved. Part V explains what these findings mean for future reproductive health cases and the role of standing in a democracy.

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