Jacobson v. Bassett Covid Therapeutic Litigation Tag

"[T]he Court should instruct the district court to enter a preliminary injunction enjoining the Department from enforcing the Policy. New York, like all other states, should allocate live-saving treatments to all its residents based on neutral, objective criteria regardless of their race or ethnicity."...

"If the district court were correct that individuals cannot challenge the Policy until they contract COVID-19—triggering a five-day window to obtain relief before oral antiviral treatments become ineffective—then the Department would have free rein to enact racially discriminatory and unconstitutional rules without fear of judicial...