US Department of Justice Files Statement of Interest Rejecting American Board of Internal Medicine Arguments

In December 2025, the American Osteopathic Association (AOA), alongside the American College of Osteopathic Internists (ACOI), filed a lawsuit challenging the American Board of Internal Medicine (ABIM) over a policy that unfairly limits opportunities for both internal medicine physicians and residency and fellowship training programs.

On Friday, June 12, 2026, the US Department of Justice (DOJ) filed a Statement of Interest with regards to this lawsuit and urged the Court to reject ABIM's argument. In particular, the filing countered ABIM's argument that a professional organization is free to set eligibility standards without incurring antitrust liability.

The DOJ files Statements of Interest when it has a strong interest in the correct application of federal antitrust laws. Concurring with what was argued in the lawsuit briefs, they argued that the ABIM’s autonomy has constraints within antitrust laws.

ACOI joined AOA in this lawsuit to promote and protect the interests of its members and the practice of osteopathic medicine. Internal medicine residents deserve fair, evidence-based pathways to board certification. The lawsuit challenges how the restrictive ABIM policy unfairly limits opportunities for both internal medicine physicians and residency and fellowship training programs.

• ABIM’s policy restricts opportunity: It unfairly blocks qualified residents and fellows from pursuing board certification based on bias, not ability.
• Qualified directors are being sidelined: AOBIM-certified physicians, trained and approved under the same ACGME standards as their peers, are being stripped of their authority to verify residents’ and fellows’ training.
• Patients ultimately pay the price: By excluding DOs from key leadership roles, the policy exacerbates the nation’s physician shortage and reduces care access—especially in underserved areas where DOs have long played a vital role.

Contact
Karen C. Caruth, MBA
Chief Executive Officer
karen@acoi.org