Quarterly Topic

Health Law

Content Type:

  • Quarterly Opinion

    Learning to Love the Data Quality Act

    April 2026 Joshua M. Sharfstein

    At the very end of the Clinton Administration, Republican Congresswoman JoAnne Emerson inserted a two-paragraph provision into the 2001 Treasury and General Government Appropriations Act. These paragraphs would become known as the Data Quality Act (as well as the Information Quality Act) and its passage represented a major victory for industries – including the tobacco and chemical industries – regulated by the federal government. More

  • Quarterly Opinion

    The Trump Administration’s Supreme Court Defense of the ACA’s Free Preventive Health Care Guarantee

    February 2025 Sara Rosenbaum

    The Trump Administration is defending the ACA’s free preventive benefit guarantee before the Supreme Court as part of its effort to exercise whole-of-government control over US policy, says Sara Rosenbaum in this Opinion. More

  • Quarterly Opinion

    Engaging the Courts: The Defense of Public Health Agencies from Judicial Interference

    November 2024 Joshua M. Sharfstein Michelle L. Bedoya

    In a series of decisions, the US Supreme Court has severely constrained the authority of federal agencies to regulate in the interest of public… More

  • Quarterly Opinion

    Out of Sight, Out of Mind? Agency Rulemaking as an Overlooked Source of Health Disparities

    October 2024 Simon F. Haeder Susan Webb Yackee

    Health disparities—the differences in access to health care and related services as well as in health utilization and outcomes—are influenced by… More

  • Quarterly Opinion

    Civil Rights, Health Care, and the Struggle for the Soul of Medicine

    July 2024 Sara Rosenbaum MaryBeth Musumeci

    New federal court decisions have delayed the implementation of new rules protecting health care for transgender people issued under Section 1557 of the Affordable Care Act. More

  • Quarterly Article

    The Legal Landscape for Opioid Treatment Agreements

    May 2024 Larisa Svirsky Dana Howard Martin Fried Nathan Richards Nicole Thomas Patricia J. Zettler

    Context: Opioid treatment agreements (OTAs) are documents that clinicians present to patients when prescribing opioids that describe the risks of… More

  • Quarterly Opinion

    What SCOTUS’s Affirmative Action Ruling Reveals

    April 2024 Daniel Dawes Anthony Iton

    The Supreme Court’s June 29, 2023, ruling that affirmative action in the admissions processes at Harvard College and the University of North… More

  • Quarterly Opinion

    Challenges for In Vitro Fertilization After Alabama’s Decision in LePage v. Center for Reproductive Medicine

    March 2024 Lindsay Admon Erica Marsh Kayte Spector-Bagdady

    ar from keeping courts away from social controversy as promised, the Dobbs decision – and the individual state power to dictate circumstances under which patients can access myriad types of reproductive health care it unleashed – pose implications that remain unpredictable, inequitable, and heart-wrenching for patients and providers alike. More

  • Quarterly Opinion

    The Courts vs. Public Health

    May 2023 Joshua N. Auerbach Joshua M. Sharfstein

    Two recent, much-discussed decisions from federal courts in Texas—one striking down the Affordable Care Act’s requirements for insurance coverage of preventive health services, the other invalidating the US Food and Drug Administration’s approval of the abortion drug mifepristone—illustrate a deepening tension between the public health community and the courts. Both decisions are now on appeal and may not ultimately be affirmed. More

  • Quarterly Article

    Judicial Power and Influence on Population Health

    April 2023 Lawrence O. Gostin

    Public health is vulnerable to judicial rulings in this new conservative era. More