By Michael R. Ulrich Many advocates, legal scholars, and public health researchers concerned about the gun violence epidemic in the United States have viewed the Supreme Court’s Second Amendment doctrine as the greatest barrier to reform. A rare victory for the government, announced at the end of the 2023 Supreme Court term, may signal a…
By Nathan Cortez If you wanted quick medical advice, you’d ask your friend with an MD or BSN. Not a JD. Likewise, if you wanted to know how to regulate nitrogen oxide under the Clean Air Act, you’d probably trust the scientists at Environmental Protection Agency (EPA) over the judges on a court that referred…
This digital symposium, Supreme Court Preview: Key Health Law Issues for the 2024 Term is guest-edited by Cary Franklin and Lindsay F. Wiley. Authors explore the restructuring of individual rights and governmental and private institutional powers and responsibilities related to health. The commentaries parse the effects of last year’s SCOTUS decisions, prognosticate the potential impact…
By Claudia E. Haupt In addition to the conflict between free speech and public health in connection with social media, the role of social media as a public health hazard in itself has gained attention. Social Media’s Public Health Harms In a New York Times essay published on June 17, 2024, the Surgeon General proposed…
By Claudia E. Haupt Social media is the new public health battleground. Three current examples highlight the building clash between free speech and public health playing out in connection with social media: the rapid spread of health mis- and disinformation on social media; the extent to which public health officials can influence social media’s role…
By Leslie P. Francis Right at the end of its term, the Supreme Court evaded resolving a conflict between Idaho and the federal government about abortions in emergencies. The immediate conflict in Moyle v. United States is whether federal restrictions on Medicare funds may require hospitals to perform abortions needed to prevent significant deterioration of…
This post originally appeared on Health Care in Motion, published by the Center for Health Law and Policy Innovation. The last days of the Supreme Court of the United States’ (SCOTUS) term brought some blockbuster decisions with far reaching implications for federal agencies charged with regulating health care. In an expected but still monumental move,…
By Barbara Pfeffer Billauer Legal pundits are predicting the imminent demise (or at least substantial enfeeblement) of the Chevron doctrine. Until recently, that case afforded substantial judicial deference to decisions made by administrative agencies if a statutory provision under its purview was ambiguous. Now two cases are before the Supreme Court challenging an agency interpretation…
“Plan C” makes a strong case that the law has failed people with the capacity to become pregnant.
Scholars, analysts, and companies cannot agree on what Amgen v. Sanofi means for patients, drug makers, and innovation.
