Center for Constitutional Litigation

Rule Changes

As of May 2026: Supported petitioner through amici representation

For decades, more than half of U.S. states required injured patients to obtain expert affidavits before filing medical malpractice lawsuits—a screening mechanism designed to filter frivolous claims. On January 20, 2026, the Supreme Court ruled unanimously that these state requirements don't apply when patients sue in federal court.

Updated May 22