William Jacobson, law professor at Cornell University and founder of Legal Insurrection, warned of medical professionals possibly being legally exposed to liability for implementing “racist policies” in accordance with New York’s race-based rationing of monoclonal antibody treatments for COVID-19 patients.
Being a person of “non-white race or Hispanic/Latino ethnicity,” according to the New York Department of Health, “should be considered a risk factor” for COVID-19. It describes such racial statuses as “a medical condition” that increases one’s “risk for severe illness and death from COVID-19.”
“I don’t hold myself out as a medical ethicist or anything like that, but I would think a doctor would be exposing herself to risk – potential liability, potential ethics issues – if a doctor implemented these racist policies,” Jacobson said on SiriusXM’s Breitbart News Sunday with host Joel Pollak.
Jacobson alluded to the “just following orders” defense of immoral conduct.
He remarked, “Now, I guess they could say, ‘Well, the health department requires it,’ but at a certain point in time, doctors have obligations. Again, I don’t hold myself out in that way. I’m not saying it is or is not a medical ethical problem, but I think the health department has put the medical community in a very bad position of being complicit in racial discrimination.”
Jacobson identified neo-Marxist ideology as the political origin of New York’s imposition of race-based rationing for healthcare.
“It’s this way — this lens — of looking at things that they think this is justified,” he stated. “Ibram Kendi is kind of the godfather of the term ‘anti-racism,’ and his most famous line is, he advocates for current discrimination in order to remedy past discrimination, and that, in many ways, is akin to what is happening here.”
“It’s part of a greater movement,” he added. “It is an obsession with looking at problems of society through a racial lens, and they’re teaching that to kindergarteners now. Everything is about race.”
Jacobson is suing Acting Commissioner of Health Mary T. Bassett, who heads the Empire State’s health department. His lawsuit seeks “a declaration that [New York’s] racial preferences are illegal” and an injunction “ordering New York State to stop this medical racism.”
Jacobson concluded that “the ultimate test under” New York’s race-based distribution of medicine “is the color of the skin, and that’s not constitutional.”
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