THE LATEST:  On June 28, 2022 Democracy Forward filed an amicus brief in the Second Circuit Court of Appeals in the matter of Jacobson v. Bassett on behalf of 16 leading medical and public health organizations and health equity experts. This brief, as did the brief filed June 23, 2022 in Roberts v. Bassett, provides data to the court in support of non-binding guidance that medical professionals–in their independent judgment–consider race or ethnicity alongside other relevant factors when evaluating a COVID-19 patient’s risk of developing severe symptoms for consideration of distribution of treatments during times of low supply.

Acknowledging the legacy of oppression, discrimination, and inequity in policies that affect the well-being of people is both legal and evidence-based. Attempts to paint these efforts as radical are out of step with science and social policy.

For more read our blog.

BACKGROUND

Systemic health & social inequities have contributed to disproportionately higher rates of severe illness & death from COVID-19 for minoritized populations. Social drivers of health caused the COVID-19 pandemic to disproportionately harm certain populations.

In late December, 2021, New York State and New York City issued non-binding guidance on the distribution of certain COVID-19 treatments during times of low supply. This guidance recommended that medical professionals–in their independent judgment–consider race or ethnicity alongside other relevant factors in evaluating the risk of developing severe symptoms of COVID-19.

Some have attacked the guidance issued by New York City and New York State and separate health equity considerations by Minnesota, Utah, New Mexico, and the federal government. Three separate suits were filed in three separate federal courts in New York. While cases in the Eastern District and Northern District have both been dismissed and separately appealed to the Second Circuit Court of Appeals, a case remains pending in the Southern District of New York.

Earlier this year two separate federal courts dismissed two separate lawsuits brought against the health departments of NY State and NY City seeking to block non-binding guidance that medical professionals consider race or ethnicity in evaluating a patient’s COVID-19 treatment. Democracy Forward filed briefs on behalf of leading medical and public health organizations, health equity experts, and direct service providers in each of these challenges. In Roberts v. Bassett, the court in the Eastern District of New York rejected claims that considering inequities alongside other factors when prescribing treatments caused harm.  Both cases have been appealed to the Second Circuit Court of Appeals.

Attacks on the guidance are out of step with science and should be rejected. The separate briefs we filed on behalf of health organizations and  experts explain this clearly for the court.

The following joined the briefs filed in Jacobson v. Bassett and Roberts v. Bassett in the Second Circuit Court of Appeals:

Leading Medical and Public Health Organizations: National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Lawyers’ Committee for Civil Rights Under Law, Infectious Diseases Society of America, 1199SEIU United Healthcare Workers East, Community Service Society of New York, Housing Works.

Individuals: Dr. Diana Romero, PhD, MA (Associate Professor, Department of Community Health and Social Sciences, CUNY Graduate School of Public Health & Health Policy), Dr. Joseph Osmundson, MS, PhD (Clinical Assistant Professor of Biology, New York University College of Arts & Science), Dr. Oni Blackstock, MD, MHS, Founder and Executive Director, Health Justice), Dr. Robert L. Cohen, MD, (New York City Board of Correction; Former Vice President for Medical Operations, New York City Health and Hospitals Corporation), and Justin M. Feldman, ScD ( Health and Human Rights Fellow, Harvard FXB Center for Health and Human Rights).*

*[Dr. Denis Nash, PhD, MPH, (Distinguished Professor of Epidemiology and Executive Director, City University of New York (CUNY) Institute for Implementation Science in Population Health) signed the brief in Jacobson v. Bassett.]

The following organizations and individuals joined one or both briefs in the district courts:

Leading Medical and Public Health Organizations: National Birth Equity Collaborative, National Medical Association, American Medical Association, Medical Society of the State of New York, American College of Physicians, American Public Health Association, Council of Medical Specialty Societies, New York State Academy of Family Physicians, Community Service Society of New York, Housing Works, Callen-Lorde Community Health Center, Partners In Health, 1199SEIU United Healthcare Workers East.

Individuals: Dr. Monica McLemore, RN, PhD, FAAN (Associate Professor, Family Health Care Nursing, University of California, San Francisco School of Nursing); Dr. Denis Nash, PhD, MPH (Distinguished Professor of Epidemiology and Executive Director, City University of New York (CUNY) Institute for Implementation Science in Population Health); Dr. Diana Romero, PhD, MA (Associate Professor, Department of Community Health and Social Sciences, CUNY Graduate School of Public Health & Health Policy); Dr. Joseph Osmundson, MS, PhD (Clinical Assistant Professor of Biology, New York University College of Arts & Science), Dr. Oni Blackstock, MD, MHS (Founder and Executive Director, Health Justice), Dr. Robert L. Cohen, MD (New York City Board of Correction; Former Vice President for Medical Operations, New York City Health and Hospitals Corporation); Dr. Alexis Merdjanoff, PhD (Clinical Assistant Professor of Social & Behavioral Sciences, NYU School of Global Public Health, and Faculty Affiliate, Center for Anti-Racism, Social Justice & Public Health); and Justin M. Feldman, ScD (Health and Human Rights Fellow, Harvard FXB Center for Health and Human Rights).

Last Updated: June 28, 2022