By Katherine Macfarlane
Public health in the U.S. has collapsed. In its place, we are left with an insufficient, impoverished alternative: personal crusades. This essay describes the cost of casting aside what is best for the public’s health in favor of individual choice, especially to those who are high-risk for serious illness or death from COVID-19. It explores how they must negotiate public health measures on their own.
By Wendy E. Parmet and Elaine Marshall
As we reach the COVID-19 pandemic’s third anniversary, the warning signs for the future of public health law are everywhere. In the past three years, courts, led by the Supreme Court, have endangered reproductive health and handcuffed governments’ capacity to meet a wide array of public health challenges. Along the way, courts have displayed an alarming disinterest in science or the impact of their decisions on the public’s health.
At the same time, many state legislatures have rushed to introduce bills to limit health officials’ ability to act to protect the community’s health. Between January 1, 2021, and May 20, 2022, at least 185 of such laws have been enacted.
In this climate, public health law needs introspection, imagination, and regrouping.
By Daniel Swartzman
If public health is to prosper, we will need to overcome the after-effects of several failures of imagination.
By Jennifer S. Bard
Teaching public health law over these past three years has meant contending with a series of federal and state court rulings that in different ways have called into question many of what seemed to be the most established principles of public health law. The double whammy of the pandemic and a new, and very different Supreme Court have already resulted in more dramatic changes to public health law in the past few years than in the preceding one hundred plus years.
By Aparajita Lath
In January, the Federal Trade Commission (FTC) released a new draft rule that would categorically ban non-compete clauses — contractual terms between an employer and an employee that prevent subsequent employment at a competing firm — across the country.
Banning non-compete clauses may help to promote competition and innovation in biotechnology and health care.
By Leslie C. Griffin
You will be surprised I’ve been through all the experiences described in this post, and that I’m still alive to tell you about them. Even I can’t believe it some days. It’s quite a list, so sometimes I mention it to my friends, so they will be as amazed as I am.
I am a lifelong academic, so I also think about what lessons they’ve taught me.
One is the philosophical principle of autonomy, which I regularly teach in my bioethics class. In my opinion, it means you always have to be prepared for the very worst. You have to live knowing it could happen to you. The worst doesn’t always occur. But when it does, you need to find a positive way to look at it and to make good decisions about it.
Two is the practical decision to have your legal documents in place. A durable power of attorney. Health insurance and property insurance. These practical items also help a lot in getting you through terrible situations. Lack of insurance makes everything dreadful.
Autonomy and insurance help you through a lot of crises. My crises include a blizzard, a tornado, an earthquake, a car accident, a hurricane, and two murderers.
You also need good luck.
By Mitchell Berger, MPH
While the Freedom of Information Act (FOIA) (5 U.S.C. § 552) and agency implementing regulations generally are fairly concise, FOIA still has led to considerable litigation.
What is an agency record? Should contractors be covered by FOIA? How and under what circumstances should a given FOIA exemption apply? How should FOIA search and duplication fees be charged by agencies, and what level of fees are reasonable? Debate continues about these and many other issues, but even amidst this debate opportunities abound to support FOIA implementation in the year ahead.
By Katie Gu
On January 5, the South Carolina Supreme Court permanently struck down Senate Bill 1 (S.B. 1), also known as the Fetal Heartbeat and Protection from Abortion Act, which banned most abortions after the sixth week of pregnancy. The decision was issued just five days before the state’s General Assembly returned for 2023, setting into motion a game of ping pong between the state branches of government in South Carolina’s abortion debates.
By Minsoo Kwon
Telehealth services that specialize in the treatment of mental health concerns, such as Cerebral Inc., highlight the ongoing challenge of appropriately balancing accessibility of care with patient safety.
While increased accessibility of mental health care services through telehealth is a valuable goal, if our aim is the well-being of patients, safety must be paramount.
By Gregory Curfman
Affirmative action in higher education may soon be abolished by the Supreme Court, resulting from its review of Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina.
The consequences for the physician workforce may be dire. Diversity among physicians is a compelling interest in our increasingly diverse society. Without affirmative action in higher education, our physician workforce may become less diverse, and the quality of health care may suffer.
This article explains the history of affirmative action in the U.S., past Supreme Court decisions, and the key arguments being considered in the two cases currently under review.