“The People” Getting Sick Of Orders: Legislative Vetoes And Checks And Balances,
2024
Saint Louis University School of Law
“The People” Getting Sick Of Orders: Legislative Vetoes And Checks And Balances, José Manuel Sandoval Jr.
Saint Louis University Journal of Health Law & Policy
During the COVID-19 pandemic, state legislators rushed to amend their public health emergency statutes or state’s constitution to alter the balance of power between the executive and legislative branches during public health emergencies. The power to exercise an unconditional and unilateral legislative veto of a governor’s declaration of public health emergency is among one of the most forceful of these pandemic-era amendments. The Pennsylvania legislature attempted to exercise this kind of power in June 2020 to prematurely terminate the governor’s declaration of public health emergency, which was challenged in Wolf v. Scarnati. While the Supreme Court of Pennsylvania held that …
Table Of Contents,
2024
Saint Louis University School of Law
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Masthead,
2024
Saint Louis University School of Law
Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs,
2024
Boston University School of Public Health; Boston University School of Law
Rethinking Foundations And Analyzing New Conflicts: Teaching Law After Dobbs, Nicole Huberfeld, Linda C. Mcclain, Aziza Ahmed
Saint Louis University Journal of Health Law & Policy
This Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs’ overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to “the people”—and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well as relevant …
Teaching Dobbs As A Contemporary Case Study Of Federalism In Action And An Introduction To The Cross-Disciplinary Nature Of The Law,
2024
Saint Louis University School of Law
Teaching Dobbs As A Contemporary Case Study Of Federalism In Action And An Introduction To The Cross-Disciplinary Nature Of The Law, Antonia A.B. Miceli
Saint Louis University Journal of Health Law & Policy
With its decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court ended the constitutional right to an abortion, overturning Roe v. Wade and Planned Parenthood v. Casey, and returned the issue of legal access to an abortion to the states. Prior to Dobbs, reproductive rights and the right to an abortion were firmly situated within the substantive due process and fundamental rights coverage of law school constitutional law courses. But this coverage often falls late in, or completely outside the scope of, the required constitutional law curriculum at U.S. law schools. This Article offers the …
The Shifting Landscape Of Substantive Due Process: Could Dobbs Pose A Threat To Contraceptive Rights?,
2024
Saint Louis University School of Law
The Shifting Landscape Of Substantive Due Process: Could Dobbs Pose A Threat To Contraceptive Rights?, Madeline C. Tatro
Saint Louis University Journal of Health Law & Policy
Nearly two years ago, the Supreme Court issued its infamous decision in Dobbs v. Jackson Women’s Health Organization, a challenge to one of the then-most restrictive abortion bans in the country. In a stunning—yet not entirely surprising—6-3 decision, the Court held that the Fourteenth Amendment’s Due Process Clause does not protect abortion as a fundamental right and returned the power to regulate abortion to the states. Of course, legal questions abound as to the future of reproductive care in the United States following this infamous decision, and Justice Thomas’ concurring opinion raises one of the largest-looming concerns. In that …
Emtala Preemption Of State Laws Restricting Emergency Abortions,
2024
Saint Louis University School of Law
Emtala Preemption Of State Laws Restricting Emergency Abortions, Rachel N. Reeder
Saint Louis University Journal of Health Law & Policy
The Emergency Medical Treatment and Labor Act (EMTALA) was established to restrict hospitals from refusing to treat or transferring patients with an unstable emergency medical condition. While intended to protect vulnerable groups from discrimination, the duty EMTALA imposes on hospitals also applies when a pregnant patient presents to a participating emergency room experiencing an emergency medical condition where the standard of care is pregnancy termination. Since Dobbs v. Jackson Women’s Health Organization, states have enacted laws prohibiting abortions, many with no exception or exceptions too narrow for stabilizing a pregnant patient’s emergency medical condition as required by EMTALA. This …
Divine Law Or Constitutional Flaw: The Clash Of Religious Belief And Legal Neutrality In Missouri’S Abortion Ban,
2024
Saint Louis University School of Law
Divine Law Or Constitutional Flaw: The Clash Of Religious Belief And Legal Neutrality In Missouri’S Abortion Ban, Caela M. Camazine
Saint Louis University Journal of Health Law & Policy
This Note explores the constitutional implications of Missouri’s recent abortion ban enacted in the wake of the Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade and Planned Parenthood v. Casey. This Note examines the clash of religious beliefs and the law by dissecting the legislative history and intent behind Missouri’s abortion ban. The ban, known as House Bill 126 or the “Missouri Stands for the Unborn Act,” took effect immediately upon certification by State Attorney General Eric Schmitt and prohibits nearly all abortions, except in cases of a narrowly defined “medical emergency.” Notably, the law invokes …
Table Of Contents,
2024
Saint Louis University School of Law
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Masthead,
2024
Saint Louis University School of Law
Regulating The Pains Of Racial Discrimination,
2024
University of Virginia School of Law
Regulating The Pains Of Racial Discrimination, Alice Abrokwa
Saint Louis University Journal of Health Law & Policy
This essay examines the relationship between experiences of racial discrimination and pain, assessing how social, legal, and regulatory responses to racial pain in the United States can enable further discrimination and compound the underlying pain. The essay articulates a conceptual framework for understanding this relationship, contending that: racial discrimination can contribute to pain severity and sensitivity; patients of color seeking pain relief are subject to heavy social scrutiny, including from their medical providers; social scrutiny and regulatory restriction together limit patients’ lawful avenues for pain relief, including their access to controlled substances that are used to manage pain; patients who …
Desegregating Behavioral Health Care For Medicaid Youth,
2024
University of Tennessee College of Law
Desegregating Behavioral Health Care For Medicaid Youth, Caroline M. Marsh, Valarie K. Blake
Saint Louis University Journal of Health Law & Policy
The Supreme Court held in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 581 (1999) that it is a violation of the Americans with Disabilities Act (ADA) for states to rely on institutionalized care when home and community-based care is more appropriate. Yet, over a quarter of a century later, states persist in institutionalizing youth experiencing behavioral health disabilities. This article explores Olmstead’s impact thus far on deinstitutionalization of youth behavioral health care, and the limits of Olmstead as a vehicle for lasting change. We argue that, although recent enforcement actions reflect critical change, Olmstead enforcements alone cannot succeed …
The Supreme Court’S Access To Court Decisions In 2023-2024,
2024
National Health Law Program
The Supreme Court’S Access To Court Decisions In 2023-2024, Jane Perkins, Amanda Avery, Arielle Linsey, Sarah Somers
Saint Louis University Journal of Health Law & Policy
The Supreme Court’s 2023–24 Term produced a number of controversial decisions, affecting everything from where unhoused people can sleep to the president’s absolute immunity. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on a trio of decisions that curtail the power of administrative agencies. Also highlighted are decisions that address jurisdiction, standing and mootness, sovereign immunity, statutory construction, due process, and equal protection. We close with a brief preview of cases before the Court during the 2024–2025 Term.
Health Care Transactions And The 2023 Merger Guidelines: Shift To Substantial Lessening Principle,
2024
Saint Louis University School of Law
Health Care Transactions And The 2023 Merger Guidelines: Shift To Substantial Lessening Principle, Nadia C. Hundley
Saint Louis University Journal of Health Law & Policy
In response to growing concerns regarding consolidation in the healthcare industry and the limitations of the consumer welfare standard focus, the Biden Administration’s repeal of healthcare-specific guidance and the introduction of the 2023 Merger Guidelines mark an important shift in antitrust enforcement. Departing from the 2010 Horizontal Merger Guidelines, the new framework centers on the “substantial lessening” principle grounded in the text of Section 7 of the Clayton Act. The goal––to empower regulators to scrutinize mergers that may harm the competitive process beyond cases that clearly raise prices for consumers. This Note discusses the legal implications of this shift, particularly …
From Crisis To Controversy: Examining The Legality Of Overdose Prevention Centers In New York And Beyond,
2024
Saint Louis University School of Law
From Crisis To Controversy: Examining The Legality Of Overdose Prevention Centers In New York And Beyond, Hallie R. Schechter
Saint Louis University Journal of Health Law & Policy
The opioid overdose epidemic in the United States has prompted the implementation of Overdose Prevention Centers [OPCs] as a harm reduction strategy, despite uncertain legality under federal law and conflicting statutory interpretations. These OPCs face imminent legal challenges, primarily due to the application of the federal “Crack House Statute,” which criminalizes maintaining a drug-involved premises. If unresolved, these legal uncertainties could lead to the prosecution and closure of OPCs, exacerbating the epidemic. To secure the future of OPCs, independent judicial interpretation of the Crack House Statue by certain circuits or legislative action amending the Crack House Statute to authorize OPCs …
Walking A Tightrope: The Future Of Controlled Substance Prescriptions Via Telehealth,
2024
Saint Louis University School of Law
Walking A Tightrope: The Future Of Controlled Substance Prescriptions Via Telehealth, Michaela K. Ellison
Saint Louis University Journal of Health Law & Policy
The COVID-19 Public Health Emergency (COVID-19 PHE) spurred changes in healthcare delivery, greatly increasing telemedicine utilization and resulting in temporary exceptions to the Ryan Haight Act (RHA). These exceptions allowed limited prescriptions of controlled substances through telemedicine without a prior in-person patient evaluation. Research indicates that these relaxed prescribing standards did not lead to an increase in overdose related deaths, specifically with respect to drugs like buprenorphine administered in opioid use disorder (OUD) treatment, instead improving access and retention outcomes. However, in anticipation of the COVID-19 PHE’s end, in 2023 the Drug Enforcement Administration (DEA) released notices of proposed rulemakings …
Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality,
2024
University of Kentucky
Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens
Law Faculty Scholarly Articles
Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …
Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription,
2024
University of Kentucky
Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription, Garrison Rosser
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk,
2024
California Western School of Law
Covid-19 Pediatric Vaccine Authorization, Fda Authority, And Individual Misperception Of Risk, Joanna K. Sax, Neal Doran
Faculty Scholarship
Vaccines are one component to the public health strategies to alleviate the COVID-19 pandemic. Hesitancy regarding COVID-19 vaccines in the United States has been problematic, which is not surprising given increasing overall vaccine hesitancy in recent decades. Most vaccines are administered during childhood years. Consequently, understanding hesitancy toward administration of vaccines in this age group may provide insight into possible interventions to reduce vaccine hesitancy. The present study analyzed a subset of over 130,000 public comments posted in response to a notice of meeting of the vaccine advisory group to the Food and Drug Administration. The meeting addressed whether to …
The Need For Corporate Guardrails In U.S. Industrial Policy,
2024
Seattle University School of Law
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
Seattle University Law Review
U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …
