Post Roe Crisis: Mandatory Malpractice Creates Problems for Health Care

A psychiatrist attempts to mansplain.

Update: today, the department of justice filed a lawsuit against the state of Ohio for violations of EMTALA. This is only the first shot. ERISA is next. The department of labor has already weighed in last week in the state of Massachusetts on fiduciary violations under that statute. Enforcement is coming. This is not a drill. The following was written on July 1, and I stand by it:

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With Roe overturned, we are about to find out what happens when judges try to change the past. In H. G. Wells’ cautionary tale, The Time Machine, this led to more problems than the time traveler imagined. The future created by his attempts led to (spoiler alert) giant crabs, only. Turning back the clock fifty years on Roe will lead to similarly catastrophic outcomes—physician shortages, dead patients beyond those seeking abortions, and tax liability for large employers in impacted states. Now join me for the ending of this real-life tale of hubris:

When Roe vs. Wade was s…