Gov using race to review access to medical care would cause a prompt review

SCOTUS didn’t take the case involving racist anti-white NY State Covid therapeutic guidelines because the crisis has passed, but Justices Alito and Thomas issued a Statement warning that “New York’s general reference to ‘longstanding systemic health and social inequities’ would not have sufficed to allow the State to deny a person medical treatment simply because that person is viewed by the State as being a member of the wrong racial or ethnic group.”

You may recall that I was the named plaintiff in a lawsuit filed in January 2022 in the Nothern District of New York against the NY State Health Commissioner over state health guidelines that prioritized non-whites for receipt of oral Covid therapeutics, which at the time were in short supply:

9. New York’s policy creates a racial hierarchy in the distribution of life-saving COVID-19 medication. Non-white and Hispanic/Latino individuals who test positive for COVID-19 automatically qualify for oral antiviral treatments, while an identically situated non-Hispanic/Latino white individual is ineligible unless he demonstrates a “medical condition” or “risk factor” that increases his risk for severe illness from COVID-19.