Daily on Healthcare: Abortion case lands before the Supreme Court

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ABORTION CASE LANDS BEFORE THE SUPREME COURT: The Center for Reproductive Rights on Wednesday asked the Supreme Court to throw out a Louisiana abortion restriction they say is identical to a law the justices struck down almost three years ago.

The Center for Reproductive Rights has requested for the justices to strike the law without taking it up for oral arguments, given that the case is so similar to Whole Woman’s Health v. Hellerstedt. In that decision, the Supreme Court ruled that obligating doctors who provide abortions also to have admitting privileges to local hospitals was unconstitutional because it got in the way of women having access to abortion.

“That’s how clear cut this new case is,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a phone call with reporters Wednesday. “There is no need for new arguments.”

This is the second abortion case landing at SCOTUS: Justices are already considering whether to hear a challenge to an Indiana law banning abortion on the basis of race, sex, or disability. Several other states are quickly moving legislation to challenge Roe v. Wade, the ruling that legalized abortion nationwide, but they will take a couple of years of litigation before facing a Supreme Court appeal.

Here’s the timeline for Louisiana’s law: Following the latest petition, the state of Louisiana will have roughly 30 days to respond to the filing once it arrives at the Supreme Court, though it could ask for an extension. Justices may consider before the end of this term whether they will take up the case and could do so as early as October. T.J. Tu, the lead attorney on the petition, suggested that such a quick timeline would be possible but unexpected. If the Supreme Court decides to take up the case, it may strike the law directly or respond instead by having a full round of legal briefing and oral argument.

Why SCOTUS may reconsider: The issue of admitting privileges has landed back at the Supreme Court because in September the majority of the 5th Circuit Court of Appeals ruled to uphold a law in Louisiana obligating the regulation and then declined a request for the full court to reconsider the panel’s decision. The Supreme Court then temporarily blocked the law from taking effect in February, in a 5-4 decision.

Louisiana vowed to fight: State Attorney General Jeff Landry dubbed the recent actions as “anti-women” in a statement and pointed to a recent instance in which the Delta Clinic in Baton Rouge had to call an ambulance because they didn’t have enough IV fluids to give a woman who was hemorrhaging. Earlier this year, Dr. Kevin Work, who provided abortions, was suspended while undergoing an investigation by the state’s medical board.

“Abortion advocates claim that requiring abortion providers to have admitting privileges offers ‘non-existent benefits,’” Landry said. “Their position is contradicted by a long list of violations of the most basic standards of healthcare.”

Good morning and welcome to the Washington Examiner’s Daily on Healthcare! This newsletter is written by senior healthcare reporter Kimberly Leonard (@LeonardKL) and healthcare reporter Cassidy Morrison (@CassMorrison94). You can reach us with tips, calendar items, or suggestions at [email protected]. If someone forwarded you this email and you’d like to receive it regularly, you can subscribe here.

ALASKA WANTS TO MOVE MEDICAID RECIPIENTS ONTO OBAMACARE EXCHANGE: Alaska Gov. Mike Dunleavy, a Republican, has filed legislation that would move people off of the Medicaid expansion rolls and onto private health insurance offered under the exchanges, according to a report from the Anchorage Daily News. The governor’s office said that the arrangement would help people more easily transition who are just on the threshold income cutoff to receive Medicaid, or whose circumstances change. Such a move would reduce costs to the state but increase costs to the federal government, given that private plans are more costly.

DOJ CHARGES 60 PROVIDERS FOR PRESCRIBING 32 MILLION PAINKILLERS: The Justice Department charged more than 60 healthcare providers Wednesday with illegally prescribing 32 million painkillers through fraudulent schemes involving patients they knew suffered from addiction.

Some of the doctors who were prosecuted traded drugs for sex or told patients to pick up their medications at different pharmacies so they could stockpile medications. One doctor left signed, blank prescription pads for patients to pick up even when he wasn’t in the office. Another was a dentist who pulled patients’ teeth in order to justify giving them painkillers.

Among those indicted were 31 doctors, eight nurse practitioners, and seven pharmacists across Alabama, Kentucky, Ohio, Tennessee, and West Virginia.

PEOPLE WORKING IN HEALTH- AND MEDICINE-RELATED FIELDS MADE THE TIME 100: Here’s who made this year’s list:

*Dr. Leana Wen, president of Planned Parenthood;

*He Jiankui, who created the first gene-edited babies;

*Adam Bowen and James Monsees, Juul’s creators;

*Barbara Rae-Venter, the genetic genealogist who helped track down the “Golden State Killer;”

*Grainne Griffin, Ailbhe Smyth, and Orla O’Connor, who created Together for Yes, the campaign to repeal Ireland’s abortion ban.

BITTER FIGHT BREWS BETWEEN CUMMINGS AND JORDAN OVER DRUG PRICING INVESTIGATION: House Oversight Committee Chairman Elijah Cummings, D-Md., accused the panel’s top Republican, Rep. Jim Jordan, R-Ohio, Wednesday of trying to “actively obstruct” an investigation into high drug prices by telling drug companies to withhold their cooperation. Cummings told Jordan in a letter that his warnings to 12 drug companies earlier this month that Democrats may be trying to sink their stock prices “represent a new low for a Member of this Committee.” He accused the Ohio lawmaker of seeking to protect profitable drug companies and stockholders over the needs of his constituents.

E&C DEMOCRATS CHALLENGE AZAR ON FUNDING FOR ANTI-ABORTION GROUP, CUTS TO PLANNED PARENTHOOD: Energy and Commerce Committee Democrats called for answers in a third letter to Health and Human Services Secretary Alex Azar concerning Title X funding allocation to two family planning centers that do not provide contraceptives. The Committee asked for all communications between HHS and Obria Group, Inc., and Beacon Christian Community Health Centers. Committee members also raised alarm that previously funded Title X grantees, including Planned Parenthood, did not receive funding.

US NAVAL ACADEMY TO BAR MOST TRANSGENDER TROOPS: The U.S. Naval Academy will no longer permit transgender people from attending the school, in accordance with the Pentagon’s new policy blocking most transgender troops from serving in the military. Although the Naval Academy previously admitted transgender students, such students will be barred from attending the Naval Academy starting in the 2020-2021 academic school year. The new law prohibits those who have been diagnosed with gender dysphoria from joining the military unless they have been medically stable for 36 months and they haven’t already transitioned. They also must serve as their biological sex.

FLORIDA HOUSE BILL TO EXPAND NEEDLE EXCHANGES MOVES TO SENATE: The state House has approved a bill almost unanimously to expand needle exchange programs in Florida. The bill will now go to the Senate and, if approved, to Republican Gov. Ron DeSantis’ desk. The 2016 pilot program has allowed drug users to exchange dirty needles for clean ones without cost, to access overdose-reversing naloxone, and to refer users to treatment programs. The bill would require county commissions to approve their community’s programs, but would not require areas in which public officials disapprove to open these programs.

OHIO GOVERNOR SAYS VAPING AGE SHOULD BE 21: Ohio Gov. Mike DeWine, a Republican, called Wednesday for a raise in the Ohio age restriction to buy e-cigarettes and tobacco from 18 to 21. The governor told parents that vaping is not a safer alternative to cigarette smoking, as nicotine impact on adolescent brains is especially damaging.

SACRAMENTO CITY COUNCIL VOTES TO BAN FLAVORED TOBACCO: City council voted 7-1 Tuesday to prohibit sales of all flavored tobacco products, including e-cigarettes and menthol cigarettes. The city vote boosts the wider movement to ban these products, which is on the Food and Drug Administration’s radar. The Sacramento City Council specifically referenced Juul, whose headquarters is located in San Francisco. Juul Labs is currently the leader in e-cigarette marketing and has repeatedly come under FDA scrutiny.

MEASLES ARRIVES AT GOOGLE HEADQUARTERS: An internal message sent last week from Google headquarters’ staff doctor confirms one of Google’s employees has measles. The employee who was diagnosed had been in a separate Google office two weeks ago, according to Buzzfeed.

MARK YOUR CALENDARS: The Washington Examiner is hosting its next “Examining Healthcare” event on Wednesday May 1 at 8 a.m. The event will feature interviews by Kimberly with Sens. Bill Cassidy, R-La., and Doug Jones, D-Ala. Breakfast is provided. Register here.

The Rundown

CQ Roll Call Trump civil rights official wants to defend abortion opponents and religious freedom

The Associated Press Doctors use HIV in gene therapy to fix ‘bubble boy’ disease

Arizona Daily Star Governor approves bill boosting veteran suicide tracking

PBS News Hour Coverage of mass killings is bad for mental health — yet makes people seek more

The Wall Street Journal Measles outbreak upends Passover traditions

Houston Chronicle Georgia Gov. Kemp signs medical marijuana bill

Calendar

THURSDAY | April 18

House and Senate in recess.

Noon. 215 Massachusetts Ave. NE. Heritage Foundation event on “Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence.” Details.

MONDAY | April 22

April 22-25. Atlanta. Rx Drug Abuse and Heroin Summit. Agenda.

10 a.m. 1330 G St. NW. Kaiser Family Foundation event on “The Trump Administration’s HIV Initiative: What It Will Take to End the US Epidemic.” Details.

5 p.m. 1775 Massachusetts Ave. NW. Brookings conversation with author Dr. William A. Haseltine on “World Class: A Story of Adversity, Transformation, and Success at NYU Langone Health.” Details.

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