public health

The Opioid Epidemic and Vaccine Hesitancy

The places hit hardest by opioids are often skeptical of vaccines. That’s probably not a coincidence.

The opioid crisis was the product of corporate greed run amok and a corrupted regulatory process. That crisis may have amplified deep distrust of the pharmaceutical industry and its government watchdogs — distrust that may now be reflected in vaccine skepticism. First, a little history. The manufacturer, Purdue Pharma,  aggressively promoted the use of oxycontin, …

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How Harmful Was Trump’s COVID Response?

We know it was bad, but how much of the U.S. death rate can be attributed to him rather than circumstances?

The U.S. COVID response went badly in 2020. How much was because Trump was Trump? That is, if Trump had been a moderately competent but imperfect leader, facing a diverse population with a significant resistance to public health measures, how many lives would have been saved? That’s not a question that anyone can answer with …

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Toxic Releases? Botched Drug Trials? — Not a Problem, in this Administration

The Trump Administration has essentially dropped enforcement of environmental laws and clinical trial requirements.

The easiest way to gut regulations is simply to stop enforcing them. That tried and true technique has been enthusiastically embraced by the Trump Administration.  That’s been long suspected in terms of environmental law. Shockingly, the Administration has also mostly given up on enforcing the standards for conducting clinical drug trials. The breakdown in FDA …

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40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS

EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.

This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …

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Managing a Pandemic, Enron-Style

The Administration’s management harkens back to a spectacular business collapse at the turn of the century.

Think of this as a parable. I’ll draw out some parallels at the end with the Trump Administration’s handling of the coronavirus, as detailed in a story in Sunday’s Washington Post. But first I’ll let you make some of the connections yourself. The Trump team’s triumph in 2016 was one of the great upsets in …

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The Mystery of McConnell’s Litigation Shield

Why is he investing so much in something so draconian and so unnecessary?

As part of their proposed stimulus package, Senators John Cornyn and Mitch McConnell introduced a bill that gives almost complete immunity protection to businesses that fail to take precautions against the coronavirus. It’s called the “Safe to Work Act,” but really should be called the “Work at Your Own Risk Act.” McConnell says he won’t …

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Constitutional Rights in a Pandemic

When does public health override individual rights?

Lockdowns and social distancing impinge on activities that are protected by the Constitution. That’s been true in many states of church services and in some states of abortion. When the cases have come before they courts, they have often turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, which upheld a state law …

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What was Trump’s Role in Premature Reopening?

Yes, he was at fault, but it’s complicated.

In a column about a week ago, Paul Krugman pointed to the dire consequences of the reopenings in the Sunbelt and laid the blame entirely on Trump.  He viewed it as “case of Republican governors following Trump’s lead.” The “main driving force,” he said, was Trump’s reelection strategy.  There’s some truth to that, but it’s …

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The “American family” in crisis: Colonialism, COVID-19 risk, and climate vulnerability

The fight for racial justice must include a reckoning with US imperialism.

The recent spotlight on anti-Black violence has awoken many white Americans to an uncomfortable truth: that underneath its rhetoric of equality, the United States is a fundamentally racist country. The disproportionate impact of COVID-19 on U.S. communities of color underscores this fact. The pandemic also reveals a lesser known but equally uncomfortable truth: that underneath …

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Another Casualty of US Withdrawal from the WHO: The Environment

Unbeknownst to many, the WHO does important work on pollution problems.

Withdrawing from international cooperation in the midst of global pandemic is an idea that’s just as bad as it sounds.  President Trump’s decision to withdraw from the WOrld Health Organization (WHO) withdrawal will also be harmful in other ways. Notably, a major component of the WHO’s work involves the health impacts of pollution and dangerous …

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