Govind Persad
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govindpersad.bsky.social
Govind Persad
@govindpersad.bsky.social
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Law professor, University of Colorado Law School. Teach and research on health law and bioethics. Papers, etc: https://sites.google.com/site/govindpersad
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govindpersad.bsky.social
Revised draft of “Antiracist Medicine in Colorblind Courts,” forthcoming in the Michigan Law Review papers.ssrn.com/sol3/papers....

Added material on new §1981, §1557, & Equal Protection litigation against health & other programs that consider individuals’ race

New TX & UT laws are also discussed
Antiracist Medicine in Colorblind Courts This Article considers how health professionals' efforts to combat racial health inequities interact with legal restrictions constraining their ability to consider race. In light of the Roberts Court's recent invalidation of two university admissions programs, intensifying a "colorblind" judicial shift, the collision between antiracist medicine and colorblind law is a pressing concern. This Article anticipates the implications of this collision and explores how health professionals and systems can design programs that survive judicial examination. In Part I, the Article examines the frameworks that will apply if antiracist medicine faces legal challenges. These include the Equal Protection Clause and federal statutes like Title VI and Section 1981. Part II systematically outlines three reasons why medicine might consider race: the enhancement of individual and population health through beneficent consideration . . .
February 15, 2024 at 2:56 PM
govindpersad.bsky.social
Curious (or worried) about how #SCOTUS affirmative action decisions may hamper antiracist efforts in medicine?

Happy to share that “Antiracist Medicine in Colorblind Courts” is forthcoming in the Michigan Law Review.
Comments welcome!

Draft: https://tinyurl.com/AntiracistMedicine
Abstract ⬇
Antiracist Medicine in Colorblind Courts Michigan Law Review, Forthcoming 53 Pages Posted: 16 Aug 2023 Govind Persad University of Denver Sturm College of Law Date Written: August 3, 2023 Abstract This Article considers how health professionals’ efforts to combat racial health inequities must navigate legal constraints on their ability to consider race. In light of the Roberts Court’s recent invalidation of two university admissions programs, intensifying a “colorblind” judicial shift, the collision between antiracist medicine and colorblind law is a pressing concern. It seeks to anticipate the implications of this collision and explore how health professionals and systems can design programs that survive judicial examination. In Part I, the Article examines the frameworks that will apply if antiracist medicine faces legal challenges. These include the Equal Protection Clause, federal statutes like Title VI and Section 1981, and state law provisions.
August 16, 2023 at 5:36 PM