The Courts and Women's Health

• Activity Number: 281
• Type: Invited
• Date/Time: Tuesday, August 6, 2013 : 8:30 AM to 10:20 AM
• Sponsor: Health Policy Statistics Section
• Author(s): Mary W. Gray*+
• Companies: American University
• Keywords: health and safety ; employment discrimination ; Supreme Court ; reproductive rights ; statistics and the law ; evidentiary standards

Abstract

The Supreme Court decision upholding the constitutionality of the Affordable Healthcare Act will have a profound impact on the accessibility of health care. The requirements that insurers may not discriminate on the basis of pre-existing conditions or gender and that preventive health care and contraception costs must be included in coverage are just two features of particular importance to women. Decisions such as the 1993 Daubert v. Merrell Dow Pharmaceuticals, while perhaps initially viewed as not helpful, have clarified evidence standards in ways that are ultimately beneficial to all those seeking fair treatment by the courts and in fact emphasize the importance of statistical analysis. On the other hand, a series of decisions involving patent protection and liability of generic drug manufacturers presents a mixed case of support for women's health concerns.