CEO is the lead organization in a brief asking the U.S. Supreme Court to take up an appeal to a Second Circuit decision in a controversial New York Covid treatment program that excluded non-minority patients from receiving antiviral treatments. Facing a severe shortage of Covid treatments in the early days of the pandemic, the state of New York and New York City issued directives instructing medical providers to prioritize treatments to individuals on the basis of race. CEO’s brief argues that the race-based distribution of antiviral treatments is plainly unconstitutional. CEO filed the brief in support of petitioners represented by Pacific Legal Foundation and we are joined by the Kirkwood Institute, Manhattan Institute, and Reason Foundation in asking the high court to grant certiorari in the case.
