Commentary: The Medical Industry’s Embrace of Woke Science

group of doctors

Just a few years ago, concepts such as “white supremacy,” “systemic racism,” and “structural intersectionality” were not the standard fare of prestigious medical journals. These are now the guiding ideas in a February special issue of “Health Affairs” that focuses on medicine and race.

Featuring nearly two dozen articles with titles such as “Racism Runs Through It” and “Sick and Tired of Being Excluded,” as well as a poem called “Identity,” the Washington, D.C.-based, peer-reviewed journal analyzes racial health disparities not through biology, behavior, or culture, but through the lens of  “whiteness,” along with concepts such as power, systems of oppression, state-sanctioned violence, and critical race praxis – a sampling of terms that come up in the February issue.

Health Affairs, dubbed by a Washington Post columnist as “the bible of health policy,” represents something much more ambitious than woke virtue signaling. Its February issue reflects the effort of newly empowered “anti-racist” scholars to transform concepts that are still considered speculative and controversial – and some say unprovable – into scientific fact. This growing effort to document, measure, and quantify racism is being advanced by other high-profile publications, including The New England Journal of Medicine, The Journal of the American Medical Association, and Scientific American, which last year ran articles entitled “Modern Mathematics Confronts Its White, Patriarchal Past” and “Denial of Evolution Is a Form of White Supremacy.”

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Commentary: A Closer Look at a Supreme Court Case That Could Help Decide the Legality of Biden’s Vaccine Mandate

Every now and again, an otherwise arcane legal topic suddenly becomes relevant to contemporary political debate. At that point, general commentary suddenly becomes filled with newly minted experts with strong positions on what is typically a nuanced issue. Thus, at various points during the past decade, Twitter saw a flood of hitherto undisclosed connoisseurs on the intricacies of the Logan Act, a constitutionally problematic piece of legislation that emerged from the same 18th century administration that brought us the infamous Alien and Sedition Acts. In the aftermath of Hurricane Maria, some observers suddenly expressed deep-seated opinions on the Jones Act, a complex piece of maritime law most people had probably never heard of prior to 2017.

So it seems to be with Jacobson v. Massachusetts, the previously obscure 116-year-old precedent – it barely warrants a footnote in most constitutional law treatises – that people have taken to citing whenever anyone questions the legality or constitutionality of vaccine mandates in response to the COVID-19 pandemic. But Jacobson is not some sort of argumentative checkmate. If the decision were actually taken to the lengths that some of its proponents suggest, it would be a truly terrifying ruling.

Although I drafted most of this article before encountering Josh Blackman’s excellent law review article on Jacobson (available here), I did rely on it for some of the procedural history of the case, as well as some of the cases from the pandemic that relied upon Jacobson. It is well worth a read for anyone else interested in learning more about the case.

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Dr. Simone Gold of America’s Frontline Doctors Responds to Twitter’s Censorship of Her Account

Dr. Simone Gold, a board-certified emergency physician and the founder of America’s Frontline Doctors, has responded to Twitter’s removal of her tweet about treatments for COVID-19 and locking her out of her account.

In her response, Dr. Gold – who also graduated from Stanford Law School after completing her medical degree – called out her temporary Twitter ban, calling the action “another classic case of tech censorship against anyone who speaks out against the media narrative.”

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