Dana El-Kurd
speaker
4,891 appearances
2 recordings
1 series
first heard Mar 2026
last heard 30 May
Dana El-Kurd’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in May 2026 with 1.
Appearances
Ho brushed off this obvious conflict of interest.
On August 16, 2023, that court didn't completely uphold Kaczmarek's ruling, but it did impose numerous restrictions on the abortion pill called mifepristone, claiming that the FDA didn't fully consider its potential health risks.
If the Supreme Court had upheld the Fifth Circuit's opinion, women would not have been allowed to receive a prescription through the mail after online medical appointments.
They would have been able to receive the prescription only after a direct visit with a doctor and after three in-person follow-up appointments.
The window in which women would have been allowed to take mifepristone would have been cut from 70 days of pregnancy to about 49.
Ho wanted to go much further than the Fifth Circuit's majority.
He wanted to rescind the FDA's approval of mifepristone, which would have removed the drug from the market entirely.
When judges agree with a majority on a panel, they can write a concurring opinion that gives them a chance to grandstand about a case.
This is what Ho did in his concurrence when he bitterly complained that some believed that, quote, no one should ever question the FDA.
Ho then asked the public to pity the obstetricians he claimed suffer because of women's abortion rights.
Ho drew on environmental case law, which acknowledges that a member of the public might believe that they've suffered a loss when, for instance, a park is destroyed because it is the location of a new mining operation and that they can sue on that basis.
Ho argued that doctors could suffer the same sort of damages when a pregnancy is medically ended.
In his concurrence on Mifepristone, Ho wrote the following.
Leo Yu is an assistant professor of law at the University of Massachusetts at Dartmouth, who specializes in civil rights law.
Yu actually received law degrees in two countries, his native China and in the United States at Southern Methodist University in Dallas.
While he lived in Texas, he lived under the jurisdiction of the Fifth Circuit and saw close hand the legal chaos the Fifth Circuit has created in the states of Texas, Louisiana, and Mississippi.
In 2021, he created the podcast Plead the Fifth.
Professor Yu believes that when Ho writes extreme opinions, such as in the Methaprostone case, he's desperately trying to get one man's attention.
He is auditioning all the time to the Supreme Court, and he went so far to create something that is quite honestly just not even sensible.
It's like, you know, people want to see cute little ultrasounds of babies, and that makes them having the standing to challenge abortion pills because they wouldn't be able to see those cute little ultrasounds anymore.
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