Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Birchansky v. Clabaugh

Court: US Court of Appeals for the Eighth Circuit

Docket: 18-3403

Opinion Date: April 14, 2020

Judge: Erickson

Areas of Law: Constitutional Law, Government & Administrative Law, Health Law

Plaintiffs, health care providers and their patients, filed suit against Iowa's Department of Public Health and its Health Facilities Council, alleging that Iowa's Certificate of Need laws violate the Fourteenth Amendment's Due Process, Equal Protection, and Privileges and Immunities Clauses. The Eighth Circuit held that plaintiffs' Privileges and Immunities Clause claim was foreclosed by the Slaughter-Houses cases. Applying rational basis review to the Certificate of Need (CON) regime and capital expenditures exemption, the court held that Iowa's CON requirement is rationally related to a legitimate state interest in full-service hospital viability. Furthermore, Iowa's decision to exempt competitors who are non-hospital CON-holders is rationally related to its interest in protecting the viability of full-service hospitals. Therefore, the court affirmed the district court's orders dismissing plaintiffs' Privileges and Immunities claim and granting summary judgment in favor of the state defendants on the remaining claims.

Massachusetts General Hospital v. C.R.

Court: Massachusetts Supreme Judicial Court

Docket: SJC-12844

Opinion Date: April 14, 2020

Judge: Kafker

Areas of Law: Health Law

The Supreme Judicial Court reversed the decision of the Appellate Division dismissing as untimely Massachusetts General Hospital's (MGH) petition seeking to have C.R. committed, holding that the activity governed by Mass. Gen. Laws ch. 123, 12(a) is separate from the three-day involuntary hospitalization period established under Mass. Gen. Laws ch. 123, 12(b). The day after C.R. was admitted to a psychiatric facility but six days after she was initially brought to the emergency department of MGH by police pursuant to section 12(a), MGH filed its petition for commitment pursuant to Mass. Gen. Laws ch. 123, 7 and 8. The Appellate Division of the Boston Municipal Court concluded that MGH's petition was untimely because the three-day window under section 12(b) begins running when the patient is initially restrained under section 12(a). The Supreme Judicial Court reversed, holding (1) the three-day period under section 12(b) is necessary to fully evaluate the patient and was not intended by the Legislature to be shortened by the section 12(a) time period; and (2) as applied to C.R., the statute did not violate due process, as the section 12(a) period of confinement was no longer than necessary under the circumstances of this case.

Winnebago County v. C.S.

Court: Wisconsin Supreme Court

Docket: 2016AP001982

Opinion Date: April 10, 2020

Judge: Annette Kingsland Ziegler

Areas of Law: Constitutional Law, Criminal Law, Health Law

The Supreme Court held that Wis. Stat. 51.61(1)(g), which permits the involuntary medication of an incompetent but non-dangerous inmate, is facially unconstitutional for any inmate who is involuntarily committed based on determinations that he was mentally ill and in need of treatment when the inmate is involuntarily medicated based merely on a determination that the inmate is incompetent to refuse medication. At issue before the Supreme Court was the circuit court's order of extension of commitment, order for involuntary medication and treatment, and order denying C.S.'s postcommitment motion. C.S., who suffered from schizophrenia, was committed while he was an inmate. Because he was determined incompetent to refuse medication pursuant to section 51.61(1)(g) he was the subject of multiple involuntary medication court orders. C.S. was committed not based upon a determination of dangerousness but, rather, on determinations that he was mentally ill and in need of treatment. C.S. argued that section 51.61(1)(g)(3 is unconstitutional when it permits the involuntary medication of any inmate committed under Wis. Stat. 51.20(1)(ar) without a determination that the inmate is dangerous. The Supreme Court agreed, holding that incompetence to refuse medication alone is not an essential or overriding State interest and cannot justify involuntary medication.