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Guest User 9/5/20 Guest User 9/5/20

COVID Law Briefing: Trends, Take-Aways, and Things to Think About- Summary

What are the big takeaways from the first installment of the COVID-19 law briefing?

Earlier this year, Public Health Law Watch, in collaboration with members of the George Consortium and other partner organizations, hosted a series of legal briefings related to COVID-19 and legal and policy issues associated with the global pandemic. Experts and scholars joined us for bi-weekly livestreamed discussions on these issues. We invite you to read the summaries of selected episodes below! And, enjoy relistening to the series (linked below and archived on our #COVIDLawBriefing webpage).

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6/11/2020: Trends, Take-Aways, and Things to Think About

Mod: Nicolas Terry

Speakers: Wendy Parmet, Lance Gable, Scott Burris

In this #COVIDLawBrief “director’s cut” Professor Parmet, Professor Gable, and Professor Burris sit on a panel and reflect on the discussions that the group has had over the past 4 months. A crucial takeaway for everyone was the disproportionate effects that COVID-19 has had on different communities. Low income workers and communities of color have been decimated by the pandemic due to a myriad of issues. These range from lack of access to healthcare to unsafe working conditions. Another huge takeaway for the group was the politicization of science. Although this can be traced back to climate deniers, and anti-vaccination positions, lack of trust in science has made the response exponentially more difficult. To deal with both COVID-19 and the impending threat of climate change, altering the perception of science will be essential. Professor Parmet reflected her disappointment that it did not seem as though public health was going through a holistic reform she believes that it needs. Rather, people appear to want to return to the status quo. However, she did hope that some changes would emerge in both more accepted vaccinations, and more importantly, in the way we view public health law. Understanding the necessity of engaging in public health law, would be a very positive change moving forward. The next crucial question facing us is how to reopen? It is still unclear what that will look like, with the summer providing a stark reminder of the danger of reopening too soon.

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Public Health Law Watch’s COVID Law Briefings are co-sponsored by the Center for Health Policy and Law at Northeastern University School of Law, the Center for Public Health Law Research at Temple University Beasley School of Law, the Network for Public Health Law, and the APHA Law Section.

Guest User 9/3/20 Guest User 9/3/20

COVID Law Briefing: Domestic Violence- Summary

In the era of COVID, what can be done to help domestic violence survivors?

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6/9/2020: Domestic Violence

Mod: Leo Beletsky

Speaker: Margo Lindauer

In this #COVIDLawBrief Professor Beletsky moderates a discussion with Professor Lindauer on the under-discussed issue of domestic violence. Dating back to before the pandemic, it is clear that domestic violence is under-reported. Professor Lindauer cited that between one in three and one in four individuals will be impacted by inter-partner violence in their lives. Unfortunately, even this estimate is far too low. As predicted, in the provider community, there has been a sharp drop off of people requesting help. This is for multiple reasons, primarily, because there are far less opportunities to get help with many people’s perpetrators spending significantly more time with them as the quarantine has sent people home from work. Additionally, the heightened stress can make people hesitant to reach out and further complicate an already stressful situation. There also has not been consistent actions taken by judges across different courts. This lack of information has likely made survivors more hesitant to take action against their perpetrator. As opposed to the medical field, where telemedicine has been integral in the response to COVID-19, in the courts, technology is yet to disseminate into the legal field. Without the courts going online, it has been more challenging for survivors to learn about their legal options as well as meet with lawyers. A concern with this new technology is issues of accessibility, however, Professor Lindauer believed that with smartphones, many courtroom innovations could take place. The conversation ended by talking about the failings of law enforcement for survivors. From police not taking the proper steps to help victims, to DA’s being unwilling to prosecute their abusers, law enforcement has failed survivors. Professor Lindauer, hoped that in the future, the system would include more alternative forms of prosecution that are “victim centered.” It must include ways to ensure victim safety, and better housing alternatives.

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Guest User 8/31/20 Guest User 8/31/20

COVID Law Briefing: Law and Political Economy- Summary

What steps should we take to reshape the political economy in the era of COVID-19?

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6/4/2020: Law and Political Economy

Mod: Leo Beletsky

Speakers: Amy Kapczynski, Gregg Gonsalves

In this #COVIDLawBrief Professor Beletsky moderates a discussion about the role of the political economy. The talk began by discussing the Neo-liberal doctrine which states that markets are the best way to organize society. This is in opposition to the viewpoint that societies should be organizing markets the way they best see fit. Professor Kapczynski is working towards building new conceptions of the political economy, specifically, realizing that law constructs markets. A noticeable example she raised was the question how did it become accepted practice for new drugs to be so expensive? Changing the narrative about how we arrange our society could have profound effects on making healthcare more accessible for many people. In the United States, capitalism is and has been “constructed along racial lines.” Professor Gonsalves used the example of southern governors choosing to build hospitals in white districts to improve healthcare access and bring jobs to specific communities. These legacies still survive today with the disproportionate effect of COVID-19 on communities of color. Many other countries, such as Denmark, have built in safety nets within the economy that has prevented people from economic collapse amidst the pandemic. Another idea proposed by the professors was building a “Community Health Core.” This goes beyond COVID-19 to structurally change issues from HIV to police actions. This would involve prioritizing more grassroots community based initiatives. They ended with the hope that maybe the country could come out of the pandemic with better healthcare for all.

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Guest User 8/27/20 Guest User 8/27/20

COVID Law Briefing: Vulnerable Workers- Summary

How are the most vulnerable workers effected by COVID-19, and more importantly, what can be done to protect them?

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5/26/2020: Vulnerable Workers

Mod: Wendy Parmet

Speakers: Seema Mohapatra, Ruqaiijah Yearby

In this #COVIDLawBriefing Professor Parmet moderates a discussion on vulnerable workers. With COVID-19 deaths being disproportionately felt by communities of color and low income workers the conversation started by looking at the history of who felt the greatest impact in these moments of emergency. Not surprisingly, communities of color have always faced the greatest hardships in these moments; Professor Mohapatra pointed out that in the 1918 flu pandemic Native Americans had a mortality rate 4 times higher than all other ethnic groups. Obviously these do not stem from biological differences, but from social factors. Some of these include likelihood of exposure and the ability to receive treatment.

Employment also becomes a dividing line between those who contract COVID-19 and those who do not. This is because more low wage jobs which cannot be done remotely are done by people of color. Furthermore, skipping work is not an option as many of these people live paycheck to paycheck and cannot afford to stay home. Many home health workers fall into this category, and live below the poverty line. Many homecare workers have not received any PPE, and additionally, are not covered by the Cares Act. This leaves our most vulnerable populations in a terrible situation. There is a need for OSHA oversight, paid sick leave, and closer regulations for independent contractors in order to help protect a greater range of people than the current Heroes Act. The conversation shifted to the need for childcare for essential workers. With schools closed many workers are placed in a difficult situation where they need work to provide for their families as well as childcare support in order to go to that work. The professors proposed that paid sick leave should be provided to these families. The conversation ended by reframing the conversation to the long term effects of COVID-19. Regardless of socioeconomic or immigration status, workers who were rendered unable to work to do complications due to COVID-19 must be fairly compensated.

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Guest User 8/25/20 Guest User 8/25/20

COVID Law Briefing: The Wisconsin Decision- Summary

What are the ramifications of the Wisconsin decision on the response to the COVID-19 crisis?

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5/19/2020: The Wisconsin Decision

Mod: Nicolas Terry

Speakers: Wendy Parmet, Scott Burris, Lance Gable

In this #COVIDLawBriefing Professor Parmet, Professor Burris, and Professor Gable are guest speakers on a panel discussing the Wisconsin supreme courts May 13th decision to strike down the stay at home order created by the state’s health secretary. This order included criminal penalties for those who did not comply with this law. The court decided that the order overstepped the powers vested in an “unelected official.” This is especially important as almost immediately photos surfaced of people “crowding bars,” one of the most dangerous COVID-19 hot zones. The precedent of executive emergency powers is generally that the legislature gives the ability to make quick and important decisions to the executive branch in times of emergency. The professors pointed out that during the Spanish flu pandemic Wisconsin was actually one of the first states to shut down. The Wisconsin decision is also surprising as generally the shift in American politics has been towards expanding executive power, this decision standing in noticeable opposition to that precedent.

Professor Parmet pivoted the conversation to the “political context of Wisconsin.” A contentious primary combined with a split between a democratic governor and republican legislature created a moment where partisan politics have even “slipped in during a pandemic.” Professor Parmet was especially concerned with balancing the need for judicial review with the realities of the pandemic. As Parmet put it, we are in a moment where “reasonableness seems so old fashioned.” Although this case has garnered national attention, Parmet conceded that many courts were upholding laws, and perhaps this exception to the rule was not as symptomatic of a broken political system as it felt. The conversation ended with the idea that we have to wait and see the course of the virus to know whether more states will open. If the positive cases continue to pile up it seems extremely unlikely, but if we begin to see a break in positive cases it could be a moment for certain states to slowly open back up.

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Guest User 8/18/20 Guest User 8/18/20

COVID Law Briefing: Workplace Safety- Summary

How is OSHA helping to protect workers who have been on the frontline of the COVID-19 crisis?

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5/14/20: Workplace Safety

Mod: Wendy Parmet

Speaker: Emily Spieler

In this #CovidLawBriefing Professor Parmet moderates a discussion with Professor Spieler on workplace safety in the era of COVID-19. While this discussion has largely focused on safety of essential workers, as different parts of the country have opened up, this has become an even larger conversation. A key concern is the workplace becoming a conduit for spreading diseases quickly into communities. Then the conversation turned to the specificities for making the workplace safe. The Occupational Health and Safety Administration (OSHA) generally provides the guide to workplace safety. Although they have protections for respiratory illness, currently, OSHA does not have any guidelines in place specifically for a pandemic. OSHA claimed they would use the General Duty Clause which covers a wide range of workplace safety issues to protect the frontline responders, however, they have not yet issued any citations for violations of this clause. As with many other issues, there is a sharp divide amongst states in terms of safety guidelines. States such as California or Oregon already have the infrastructure to combat workplace safety violations. Without a clear plan from Washington, many states have taken steps to “keep the spread of the disease down.” Another issue is that OSHA is “not a crisis administration.” They have taken a long time to respond throughout this crisis to a variety of issues, specifically whistleblower complaints. This has left people nervous to raise concerns about workplace safety with fear of retaliation from their employer. The conversation ended with a discussion of who would be able to get workers compensation, with Professor Spieler suggesting that it would likely only be for healthcare workers.

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Guest User 8/12/20 Guest User 8/12/20

COVID Law Briefing: Transmission Criminalization- Summary

How has the transmission of COVID-19 be policed?

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5/5/20: Transmission Criminalization

Mod: Leo Beletsky

Speaker: Alexander McClelland

Leo Beletsky hosts a conversation with Professor McClelland discussing the criminalization of transmission of COVID-19 in this #COVIDLawBriefing. The talk began by looking at the history of the criminalization of HIV; it is considered aggravated assault if you don’t disclose that you have it before engaging in sexual activity. In many cases this resulted in people receiving harsh jail times for crimes they either did not do or tried to stop. Despite not being transmittable in many cases, these criminal laws are retributive and impose a moral judgement on people who have contracted HIV. Turning to COVID-19, the policing on transmission has been a contentious issue. Law enforcement is using the fear of COVID-19 as justification to be rough with people who are gathering, but especially towards homeless people. Like many issues, who gets in trouble for violating social distancing guidelines often comes down to race and ethnicity. The police have been especially violent towards BIPOC communities during this crisis while often letting white people violate the same laws. Law enforcement has also not “practiced what they preach[ed]” with many officers not engaging in social distancing or wearing masks and gloves. The police violating these social distancing guidelines puts even more people at risk. The conversation ended on an optimistic note that perhaps this was a time when true change could occur with policing.

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Guest User 8/10/20 Guest User 8/10/20

COVID Law Briefing: Immigration

How have Trump’s immigration policies shaped our COVID-19 response?

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4/28/20: Immigration

Mod: Nicolas Terry

Speakers: Wendy Parmet, Medha Makhlouf

In this #COVIDLawBriefing, Professor Parmet and Professor Makhlouf are guest speakers on a panel examining the role of immigration on the entire COVID-19 response. The conversation began by looking at the history of using pandemics and epidemics to limit immigration to the United States. The clearest example of this policy is the long history of banning non-nationals with HIV from coming to the United States. The President's travel ban could be boiled down to saying that the “disease followed passport not where people traveled.” This means that the ban excluded people from foreign countries, such as China, from coming in, but allowed American citizens to enter the US freely after being in the same places. This is problematic because it creates a false narrative that by keeping “them out” the United States could effectively curve the spread of COVID-19. This way of seeing the pandemic as an immigration issue has had the devastating effect of ensuring a slow response from our federal government. Additionally, the Trump administration's immigration policies have made people hesitant to seek the care they need. Furthermore, raids have continued during the pandemic, bringing both fear and greater exposure to COVID-19 in immigrant communities. Beyond the public health implications, asylum seekers are being turned away at the border and the CDC is overstepping by checking people’s passports upon entry into the country. With ICE’s new policies regarding international students coming to the United States, understanding the impact of COVID-19 on immigration is more important than ever.

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Guest User 8/4/20 Guest User 8/4/20

COVID Law Briefing: Medicaid and the ACA- Summary

How can Medicaid and the ACA help states in their response to COVID-19?

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4/16/20: Medicaid and the ACA

Mod: Wendy Parmet

Speakers: Nicole Hubberfield, Sidney Watson

Professor Parmet moderates a discussion with Professor Hubberfield and Professor Watson on Medicaid and the ACA on this #COVIDLawBriefing. The talk began by going over the stability of Medicaid’s federal funding, and the programs ability to bail out the states that need the money most. It allows states to be “flexible” in a pandemic as the poorer states can get more from Medicaid. Since it was designed to be “a safety net program” it is more able, then private insurance, to be positioned to help people during this crisis. This is due to the fact that Medicaid does not need to balance its own budget and engages in “countercyclical spending” so it can be positioned to help people when need arises. Additionally, you can sign up for Medicaid at any time with your current income so it can help people who just lost a job. Unfortunately, for states that didn’t expand Medicaid, many people have been stranded. This is especially true in communities of color and lower income communities. One tool available for states would be to expand Medicaid, a process which even during the crisis would only take a simple state amendment. Calling a state of emergency is also essential as it will open up different avenues for states to get funding. On the federal level, congress recently passed a 6.2% increase in federal matching funds for Medicaid, a typical response to a public health crisis. After going through the congressional and state loopholes that allow them to influence the distribution of Medicaid funding, the conversation ended with a discussion of the Trump administration’s relationship with Medicaid. Despite the public health crisis we are facing, the Trump administration has been reluctant to change their stances about many of their health care policy goals including getting people off Medicaid.

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Guest User 8/3/20 Guest User 8/3/20

COVID Law Briefing: Drug Development, the Role of the FDA, and Emergency Use- Summary

Drug companies must be held accountable even in the race to discover a cure to COVID-19.

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4/15/20: Drug Development, the Role of the FDA, and Emergency Use

Mod: Nicolas Terry

Speaker: Patricia Zettler, Michael Sinha

In this #COVIDLawBrief, Dr. Sinha and Professor Zettler are guest speakers on a panel discussing the development of new drugs during this crisis. With the Trump administration providing so much uncertainty about the viability of different “cures” it can be unclear how drug development is coming along. The short of it is that no drugs have gone through the vigorous clinical trials needed to be approved. Furthermore, Dr Sinha speculated that we are likely still a year or two away from developing a vaccine which is a crucial goal of these studies. As of the time this podcast was published, (April 15th, 2020) 3 experimental drugs had moved to the human testing phase. While there has been sentiment that we should be trying every drug and vaccine as fast as possible to find a cure, the experts were against this philosophy. Due to the massive amount of people who will take an eventual vaccine, Dr Sinha stressed the importance of “getting it right” as the risk of giving out a vaccine that had not been properly tested is simply too high. The FDA has been in the forefront of testing drugs. Their diligent testing process was lauded by the professors as once again, it is important to get the vaccine right. Beyond making the drugs, prescriptions are also a key issue. With data changing by the day it is important to not prescribe remedies that have not been tested yet in the hope that they could work. This extends up to Washington, where the President has talked about cures to COVID-19, which instead have been lethal. In fact, the best action policy makers can take is not to push forward a “quick fix,” but rather to continue to hold pharmaceutical companies accountable to high standards.

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