Associate Professor, Center for Health Law, Ethics & Human Rights @CLER_BUSPH @BUSPH @BU_Law; Distinguished Visiting Scholar @SolomonCtrYLS @YaleLawSch

Boston, MA
Joined September 2014
This is a great article…for demonstrating the failures of not understanding civics If you read one article about Callais & SCOTUS’s extreme efforts to legislate from the bench by effectively hollowing out the Voting Rights Act, make it any other article besides this one
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Skrmetti twisted & contorted TN's law to frame it as restricting treatment for certain purposes. Now CO's purpose (protect minors) is framed as seeking to "dictate what particular 'opinion or perspective' individuals may express" ignoring it applies only in therapeutic contexts
SCOTUS in Chiles v. Salazar: talk therapy isn't health care! Siding with a therapist equating conversion "therapy" to chats in a book club has implications for LGBTQ+ health, authority/validity of mental health professionals, & establishing/enforcing standards of care
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SCOTUS in Chiles v. Salazar: talk therapy isn't health care! Siding with a therapist equating conversion "therapy" to chats in a book club has implications for LGBTQ+ health, authority/validity of mental health professionals, & establishing/enforcing standards of care
Perspective essay by @MichaelRUlrich, JD, MPH: Therapy’s Conversion — 𝘊𝘩𝘪𝘭𝘦𝘴 𝘷. 𝘚𝘢𝘭𝘢𝘻𝘢𝘳’s Threat to Mental Health Treatment and Standards of Care nejm.org/doi/full/10.1056/NE… [Note: On March 30, the Court held that Colorado’s law was a content-based viewpoint restriction of speech that requires lower courts to apply the most stringent form of judicial review.] #HealthPolicy #HealthLaw
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Boston area peeps: book talk tonight 7pm for FREE Come see @irin talk about her amazing book with my brilliant friend and colleague @AzizaAhmed tonight @HarvardBooks at 7pm harvard.com/event/irin-carmo…
RUN (don't walk) to get Unbearable: 5 Women & the Perils of Pregnancy in America by @irin! Propulsive & informative, it illustrates how loss of humanity & dignity accompany pregnancy whether you want to give birth or not, but offers hope for the future bookshop.org/p/books/unbeara…
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RUN (don't walk) to get Unbearable: 5 Women & the Perils of Pregnancy in America by @irin! Propulsive & informative, it illustrates how loss of humanity & dignity accompany pregnancy whether you want to give birth or not, but offers hope for the future bookshop.org/p/books/unbeara…
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Oral argument for Chiles v. Salazar, challenging Colorado’s ban on conversion therapy for minors is set to begin Me & @jack_turban talked about the implications of the case in @JAMAPediatrics jamanetwork.com/journals/jam…
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ACB: what is best evidence this causes harm? CO: substantial evidence since from 2009, including a shoutout to the important work by @jack_turban! There is both evidence of the harm and no evidence of it being beneficial or helpful despite efforts existing for over a century
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Rebuttal's focus on youth wanting conversion therapy & restrictions when parent/child align is interesting considering both were irrelevant in Skrmetti I think this shows that the case is attempting to carve out therapy from regulation, which could prove harmful and chaotic
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CO brings up other speech only clinical conduct for high cholesterol (not a problem, eat less red meat, get a stent, etc) to highlight that this can be regulated if it is against the standard of care
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Gorsuch & ACB focusing on relevance of medical uncertainty, and whether rational basis applies (as SCOTUS applied in Skrmetti) Seems as though they're trying to get CO to agree they decided Skrmetti correctly
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Thomas asks CO difference between those exempted from the law (eg religious orgs) and CO says the state license and public expectations is the important difference
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KBJ asks why Skrmetti isn't relevant since SCOTUS allowed state to ban treatment, getting FedGovt to make clear that their argument is essentially that talk therapy can't be regulated
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KBJ points out that NIFLA was about notice and speech unconnected to treatment was central to the analysis, but here the speech is the treatment FedGovt says being licensed doesn't mean govt can tell you what you can and can't say
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Kagan picks up on FedGovt's hypo of speech daring suicidal patient & ban satisfying strict scrutiny & FedGovt's response is data isn't necessary if SCOTUS doesn't FEEL it's necessary Gorsuch suggests that historical (finally some history!) bans on assisted suicide can substitute
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