SCOTUS Dismantling Healthcare
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Chevron Deference
I am very concerned about a case in front of the US Supreme Court this week. Arguments were heard Wednesday in a dispute involving a government-run program to monitor for overfishing of herring off New England’s coast. It doesn’t sound like healthcare - but wait. The court’s decision could further limit the regulatory powers of federal agencies including the FDA, HHS, the CDC and others.
The justices are weighing appeals by two fishing companies of lower court rulings allowing the National Marine Fisheries Service to require commercial fishermen to help fund the program. The companies – led by New Jersey-based Loper Bright Enterprises and Rhode Island-based Relentless – have argued that Congress did not authorize the agency, part of the commerce department, to establish the program.
The companies have asked the court, with its 6-3 conservative majority, to rein in or overturn a precedent established in 1984 that calls for judges to defer to federal agency interpretation of US laws deemed to be ambiguous, a doctrine called “Chevron deference”.
We have already seen an avowed anti-abortion judge in Texas, rule that the FDA should not have allowed the medical abortion medicine, Mifepristone, on the market. We have seen courts decide that abortion should be illegal and the grave harm that has already been caused.
The problem I have is that people who have no expertise are making life and death decisions for others and do not have the training, the education, or the capability to make such decisions.
The same logic that ruled against Mifepristone could be used to make sure that new vaccines or medicines of any kind are not brought to market.
Look, Governor Ron DeSantis of Florida graduated with honors from Yale and from Harvard Law School and he recently commented that by getting multiple COVID vaccinations, you make yourself more likely to get COVID.
Sir, from what medical school did you graduate?
The point is that residing within federal agencies that are given the responsibility to carry out laws created by Congress and signed by the President are some of the best minds in their fields. They are trained and educated to form a scientific hypothesis, determine how to accurately collect data and how to evaluate the data to identify causality in order to implement the laws that they have been tasked to execute.
If we allow judges to strip away their authority, then we can fully expect advances in medicine and public health to suffer. And we will all suffer.
ACTION
Let’s let the President and our elected representatives know just how dangerous this is. Their contact info is in the Resources section.
You can use RESISTBOT to send the email below by texting to 50409 SIGN PALAHU.
“I am your constituent and I am very worried by the case in front of the US Supreme Court that could strike down the Chevron Deference Decision. A ruling against the government would give courts the right to remove authority from any federal regulatory agency. That includes the FDA, HHS, and the CDC. That case of a judge in Texas ruling against the FDA on Mifepristone would be just the beginning. Judges could declare that vaccines should not be made available, overruling the FDA and CDC, or that new medicines or medical treatments are not to be sold.
The problem is that they are judges, not doctors or chemists or scientists.
There are 2 things I want you to do. I want you to craft a letter or Amicus brief to the US Supreme Court and let them know that reversing the Chevron Deference could have a disastrous effect on the health of all Americans. I also want you to craft legislation that protects the experts we have in federal agencies and their decisions that work to protect all of us. Thank you.”
RESOURCES
Healthcare Advocacy (Us)
Website
Our Newsletter resources including reproductive healthcare
Healthcare Advocacy Reading List
Find My Elected Officials
Contact the White House https://www.whitehouse.gov/contact/
Contact State and Federal Representatives
By phone: (202) 224-3121
By email: democracy.io
Important Healthcare Resources
League of Women Voters Healthcare Reform Toolkit
Organizations to Contact
National Nurses United Medicare4All
Physicians for a National Health Program
One Payer States
Healthcare Now
Reproductive Health
NARAL - Pro Choice America
Charley. chatbot abortion resource - make sure to use a secure incognito browser if you live in a state that has banned abortion
Planned Parenthood
Miscarriage and Abortion Hotline has references about where to procure abortion medications. They also assist women in the process of self managed abortion or miscarriage by phone or text and will respond in an hour. Details and hours of operation at their website.
United State of Women Reproductive health page (bottom of the page) has important resources such as medical support, access to Telehealth, prescriptions by mail, and legal support references.
Practice careful communications - The Digital Defense Fund has a number of tips to keep texts, calls, and internet use private. Here is their site.
If you need financial help with an abortion try abortionfunds.org
Claims Denials and Appeals & What to Do
Appeal a Healthcare Decision
Appeal/Negotiate a Hospital Bill
Disinformation Management
Cybersecurity Infrastructure Security Agency
Save Democracy
Chop Wood, Carry Water by Jessica Cravens
RESISTBOT
Link to the RESISTBOT site to learn more
Link to Chop Wood, Carry Water RESISTBOT write up
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