Election 2020: Public Health Legal Reforms and Projections November 16, 2020 | 2:00 – 3:00 PM ET Co-sponsored by: 1
How to Use WebEx Q & A 1. Open the Q&A panel 2. Select “All Panelists” 3. Type your question 4. Click “Send” 2
Moderator/Presenter Leila Barraza , Senior Consultant, Network for Public Health Law – Western Region Office; Associate Professor, Zuckerman College of Public Health J.D., Arizona State University – Sandra Day O’Connor College of Law M.P.H., University of Arizona – Zuckerman College of Public Health 3
Presenter James G. Hodge, Jr. , Director, Network for Public Health Law – Western Region Office; Peter Kiewit Foundation Professor of Law, Arizona State University J.D., Northern Kentucky University – Salmon P. Chase College of Law LL.M., Georgetown University 4
Presenter Jennifer Piatt , Senior Attorney, Network for Public Health Law – Western Region Office; Research Scholar, ASU Center for Public Health Law & Policy J.D., Arizona State University – Sandra Day O’Connor College of Law 5
Presenter Sarah Somers , Managing Attorney, Network for Public Health Law – Southeastern Region Office and National Health Law Program J.D., University of Michigan M.P.H., University of North Carolina – Gillings School of Public Health 6
Election 2020: Public Health Legal Reforms and Projections November 16, 2020 | 2:00 – 3:00 PM ET Co-sponsored by: 7
Primary Objectives Post-Election Results Core Public Health Issues Challenges & Objectives Law & Policy Responses Questions & Comments Disclaimer – information provided during this session does not constitute legal advice nor is intended to promote specific legal or policy positions. 8
Election 2020: Presidential Race 9
Election 2020: Presidential Race As of November 9, 2020 10
Election 2020 – Beyond the White House Federal Elections 100% 100% 33% U.S. House of U.S. Senate Representatives (46 D/50 R/2 I) (218 D/202 R ) State Elections 88% 22% 88% State Gubernatorial Legislatures 22% (23 D/26 R/1 I) 44 States 11 Source: https://www.270towin.com/2020-senate-election/
How America Voted – Key Priorities Abortion 3% Immigration 3% Climate Change 4% Law Enforcement 4% What are the factors that most Racism 7% Health Care COVID-19 influenced your 36% Health 40% vote? 70% are Care 9% core public health/health Economy 28% care issues 12 Source : Wall Street Journal, 11/10/20, https://www.wsj.com/graphics/votecast- 2020/?mod=article_inline
Array of Public Health Law & Policy Issues Non- communicable Mental Diseases Health Illicit Drugs/ Marijuana Global Telehealth Health Maternal & Child Health LGBTQIA Vaccination Medicare Tobacco for All & Alcohol 13
Select Core Public Health Law & Policy Issues 1. COVID-19 Pandemic Response Efforts Revitalizing Public Health Services 2. Gun Violence Prevention 3. Abortion & Reproductive Health 4. Climate Change 5. 6. Health Equity & Justice 7. Affordable Care Act Medicaid 8. 14
Core Public Health Law & Policy Issues 1. COVID-19 Pandemic Response Efforts 2. Revitalizing Public Health Services Gun Violence Prevention 3. James G. Hodge, Jr., J.D., LL.M. Director, Network for Public Health Law – Western Region Office; Peter Kiewit Foundation Professor of Law, Arizona State University 15
COVID-19 Pandemic Efforts – Challenges Global Cases 52.9 million | Deaths: 1.3 million U.S. Cases 10.6 million | Deaths: 242,436 U.S. Stats 20% all cases | 19% all deaths Dark Winter 16 Image Source: https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html
COVID-19 Pandemic Efforts – Responses Reinstitution of public Enhanced & aggressive health “best practices” federal responses & grounded in law, coordination to allay science & global national security threats commitments Increased funding for Crafting new alliances global & domestic with state, tribal & local public health governments on the interventions & frontlines of response economic impacts efforts 17
Revitalizing Public Health Services – Challenges • Substantial new threats • Chronic funding reductions • Interjurisdictional battles • Gross inequities • Lower life expectancies 18
Revitalizing Public Health – Responses Re-assessing the Quelling the pandemic constitutional balance leads to legal innovations between communal that become models for protections & individual what works in routine public rights lends to 21 st century health & health care reconception of public services health powers Addressing specific threats Commitment to reducing to the public’s health – health disparities through cancer, Alzheimer's, illicit greater focus on the social drugs - through revised law determinants of health at & policy interventions via the “grass root” & other HiAP approaches levels 19
Gun Violence Prevention - Challenges NY State Rifle & Pistol Assoc. v. NYC 20
Gun Violence Prevention – Responses Banning the manufacture & sale of Ending online purchases assault weapons + of firearms/ammo & heavily regulating requiring background weapons already in checks for all other sales circulation Incentivizing states Empowering police to to enact their own effectively enforce gun laws supporting violence prevention laws & reforming their own federal initiatives practices to limit consistent with 2 nd unwarranted acts Amendment 21
Core Public Health Law & Policy Issues Abortion & Reproductive Health 4. 5. Climate Change 6. Health Equity & Justice Jennifer L. Piatt, J.D. Senior Attorney, Network for Public Health Law – Western Region Office; Research Scholar, ASU Center for Public Health Law & Policy 22
Abortion & Reproductive Health - Challenges Justice Amy Coney Justice Ruth Bader Barrett Ginsburg Dobbs v. Jackson Women’s Health Organization, et al. , petition for cert filed 23
Abortion & Reproductive Health - Responses Ensuring that funding Title Codifying Roe v. Wade & X family planning services progeny, under threat in will no longer be restricted the Supreme Court for discussing/referring for abortion Rescinding the “Mexico Supporting repeal of the City Policy,” allowing Hyde Amendment, which federal aid to organizations restricts federal funding for in developing countries abortion services who also offer info on abortion services 24
Climate Change - Challenges • A divided Congress could delay passage of climate change legislation • The majority of the cost will fall on a vocal & politically powerful minority opposed to action • Challenges to regulatory actions could stymie a climate change agenda 25
Climate Change - Responses Demanding a Rejoining the Paris worldwide ban on Agreement fossil fuel subsidies Considering climate Ensuring EPA & change in federal DOJ prosecute permitting & pollution cases infrastructure investment 26
Health Equity & Justice - Challenges • Political pendulum swings both ways • Senate control of the purse may impact actions taken • Underrepresentation of affected groups in positions of political power stifles growth 27
Health Equity & Justice - Responses Installing appointees Providing a health who represent insurance public option vulnerable populations & focusing on reducing most in need of maternal mortality improved access rates Doubling investment in community health Rescinding executive centers & increasing order banning implicit federal minimum wage bias training to $15 28
Core Public Health Law & Policy Issues 7. Affordable Care Act Medicaid 8. Sarah Somers, J.D., M.P.H. Managing Attorney, Network for Public Health Law – Southeastern Region Office and National Health Law Program 29
Affordable Care Act - Challenges 30 Photo Credits: New York Times, Reuters
Affordable Care Act – Responses The Court The Executive Branch Champion not foe: One major threat: Promotion & support U.S. Supreme Court: New regulations & guidance California v. Texas Support from the Justice Department States Congress Status quo: Status quo? Governors: status quo Senate – GOP State Houses: GOP , mostly House - DEM status quo 31
Medicaid - Challenges Photo Credit: Market Watch 32
Medicaid – Responses The Executive Branch The Court A new direction: Moderate threat: Reversal on work requirements & U.S. Supreme Court: block grants California v. Texas Delivery system innovation States Congress A mixed bag: Disappointment but disaster Mostly the same political averted: composition Entitlement to benefits intact Budget crises impending Improvements stalled? Ballot initiatives 33
Questions & Comments Special thanks to Hanna Reinke, Emily Carey & Erica N. White, Senior Legal Researchers, ASU Sandra Day O’Connor College of Law, for their research & design contributions. lbarraza@networkforphl.org ssomers@networkforphl.org james.hodge.1@asu.edu Jennifer.Piatt@asu.edu 34
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