Healthcare’s Cybersecurity Crisis: Why Today’s Defenses Are Failing Against Evolving Threats – MedCity News

Every
healthcare
system
in
the
United
States
has
its
own
level
of
vulnerability
to
cyberattacks.
And
each
system,
to
the
degree
its
resources
and
perception
allow,
is
trying
to
eliminate
those
vulnerabilities.
But
many
hospitals
don’t
have
a
clear
picture
of
where
and
how
they’re
susceptible
to
attacks.

Systems
struggle
to
meet
minimum
compliance
requirements
while
lacking
the
resources
or
support
to
implement
broader
cybersecurity
measures.
As
a
result,
cybercriminals
are
breaching
the
walls
with
alarming
frequency.
Consider: 

  • The
    Change
    Healthcare
    cyberattack
    earlier
    this
    year
    has
    cost
    parent
    company
    UnitedHealth

    $900
    million

    and
    affected
    nearly
    a
    third
    of
    Americans
    directly
    or
    indirectly
  • A
    May
    attack

    compromised
    healthcare

    at
    Ascension,
    including
    postponed
    surgeries,
    canceled
    appointments
    and
    diverted
    ambulances
  • An

    HCA
    Healthcare
    data
    hack

    that
    affected
    11
    million
    patients
    was
    the
    largest
    in
    2023,
    a
    year
    that
    saw
    a
    record
    725
    breaches

Healthcare
providers
and
vendors
are
learning
the
hard
way
that
hackers
are
relentless
and
resourceful,
constantly
adjusting
tactics
and
tools
and
using
new
technology,
including
AI,
to
launch
more
sophisticated
attacks.
Hospital
defenses
typically
lag
behind.
Cyber
defenses
that
worked
a
few
years
ago
are
no
longer
adequate.
Often,
targets
are
unclear
about
where
and
how
to
upgrade
their
protection.


Public
and
private
measures

Alarmed
by
the
attacks,
the
public
and
private
sectors
are
pressing
healthcare
systems
to
do
more.
Insurers
who
sell
cyberattack
insurance
are
insisting
hospitals
shore
up
defenses
or
lose
coverage.

The
administration
is

allocating
$800
million

for
cybersecurity
in
the
proposed
FY2025
Health
and
Human
Services
(HHS)
budget.
In
addition,
there
are
separate
healthcare
cybersecurity
bills
in
the
House
and
Senate.
The
Senate
measure
would
penalize
systems
that
fail
to
improve
their
defenses.

New
York
is
the
first
state
to
regulate
cybersecurity.
Its
new

requirements

require
hospitals
to
enact
data
protection
beyond
what’s
mandated
by
the
federal
Health
Insurance
Portability
and
Accountability
Act
(HIPAA).
They
require
healthcare
systems
to
conduct
an
annual
assessment
of
potential
risks
and
vulnerabilities
and
establish
a
cybersecurity
program
based
on
that
audit,
including
provisions
for
reporting,
countering
and
recovering
from
a
data
breach. 

In
addition,
hospitals
must
have
a
part-
or
full-time
chief
information
security
officer
(CISO)
to
guide
and
support
cybersecurity
measures.


Underfunded
and
under
attack 

Healthcare
organizations
cannot
afford
to
wait.
They
must
act
swiftly
and
continuously
to
fend
off
attacks.
However,
many
systems
do
not
have
the
necessary
budgets,
know-how
or
personnel
to
accomplish
everything
they
need.

Staffing
cybersecurity
teams
is
a
particular
problem.
According
to
a

HIMSS
Healthcare
Cybersecurity
Survey
:

  • 74%
    of
    respondents
    said
    recruiting
    qualified
    cybersecurity
    professionals
    was
    a
    challenge
  • 47%
    said
    a
    lack
    of
    cybersecurity
    experience
    or
    skills
    was
    a
    challenge
    in
    hiring
  • 38%
    said
    a
    lack
    of
    candidates
    with
    healthcare
    experience
    was
    a
    challenge

Along
with
a
shortage
of
qualified
candidates,
healthcare
organizations
often
do
not
have
the
budget
to
hire
them:

  • 43%
    of
    respondents
    said
    they
    do
    not
    have
    sufficient
    budget
    to
    hire
    the
    staff
    they
    need
  • 28%
    said
    non-competitive
    compensation
    was
    a
    barrier   

Inadequate
compensation,
stress
and
long
hours
contribute
to
a
retention
problem.
In
the
HIMSS
survey,
57%
of
respondents
said
retaining
qualified
workers
is
a
problem.

Cybersecurity
budgets
are
rising,
however,
which
could
relieve
some
of
the
problems.


Third-party
risk
management

The
attacks
are
not
going
to
stop. 

Healthcare
organizations
make
tempting
targets
for
hackers
for
several
reasons.
They
hold
enormous
amounts
of
patient
data,
which
is
particularly
valuable
because
it
includes
both
personal
and
financial
information.
Also,
they
have
numerous
vulnerabilities,
internally
and
externally,
particularly
because
the
data
is
fragmented
and
held
in
multiple
locations;
and,
in
the
case
of
ransomware,
any
interruption
to
critical
operations
brings
to
bear
enormous
pressure
to
resolve
the
situation,
even
if
it
means
paying
a
ransom.

Hospitals
are
most
often
attacked
indirectly
through
third-party
vendors
whose
software
they
license.
It’s
extremely
difficult,
if
not
impossible
with
manual
methods,
for
healthcare
systems
that
work
with
hundreds
of
third-party
applications
to
be
sure
each
vendor
has
adequate
defenses
and
is
following
cybersecurity
best
practices.

Even
if
the
vendor
is
at
fault,
healthcare
organizations
bear
the
brunt
of
the
attack.
Fortunately,
there
are
ways
they
can
protect
themselves:

  1. Risk
    assessment

    Mapping
    the
    vendor
    network,
    auditing
    vendors’
    security
    processes
    and
    monitoring
    their
    security
    posture
    on
    a
    regular
    basis.
  2. Remediating
    vulnerabilities

    Fixing
    vendor
    vulnerabilities
    identified
    in
    Step
    1,
    adjusting
    liability
    for
    direct
    damages
    if
    needed,
    or
    replacing
    vendors
    who
    won’t
    comply.
  3. Adapting
    practices

    Putting
    policies
    and
    procedures
    in
    place
    that
    continue
    to
    prioritize
    third-party
    risk
    management,
    such
    as
    integrating
    security
    reviews
    into
    the
    buying
    process
    BEFORE
    a
    purchase
    has
    been
    made.


The
need
for
outside
help 

Healthcare
systems
operate
with
narrow
margins,
as
they
struggle
with
labor
costs
and
workforce
shortages.
In
this
environment,
funding
requests
to
bolster
cybersecurity
must
compete
with
other
priorities.
Hospital
boards
can
be
reluctant
to
allocate
funds
because
they
are
unaware
of
how
vulnerable
their
organizations
are.
The
result
is
often
a
patchwork
approach
to
cybersecurity
that
leaves
gaps
for
attackers.
And
the
approaching
wave
of
government
regulations
addressing
cybersecurity
will
add
to
the
financial
burden
on
hospitals.

Most
healthcare
systems
do
not
have
the
resources
or
expertise
to
deploy
reliable
defenses
and
stay
abreast
of
all
threats.
Many
find
it
more
efficient
to
partner
with
a
firm
dedicated
to
cybersecurity
and
risk
management
services.
Healthcare
cybersecurity
experts
are
familiar
with
hospital
technology,
business
practices,
interoperability
and
the
best
defenses
against
cyberattacks.
They
can
provide
organizations
with
a
comprehensive
view
of
risk
and
guide
the
creation
and
improvement
of
a
health
system’s
overall
cybersecurity
program.

They
also
help
identify
and
manage
third-party
risk
posed
by
vendors.
These
experts
can
give
healthcare
organizations
peace
of
mind
and
allow
them
to
focus
on
delivering
healthcare.  

There
is
no
foolproof
safeguard
against
hackers,
but
healthcare
organizations
owe
it
to
themselves,
their
patients
and
partners
to
mount
the
best
defense
possible.


Photo:
anyaberkut,
Getty
Images


George
C.
Pappas

is
the
CEO
of

Intraprise
Health,
a
Health
Catalyst
Company,

and
a
seasoned
high-tech
executive
with
over
35
years
of
cross-functional
expertise
in
Sales
&
Marketing,
Professional
Services,
Operations,
Product
Management,
and
R&D.
He
previously
served
as
Chief
Customer
Officer
and
Chief
Operating
Officer
at
DrFirst,
where
he
significantly
expanded
the
customer
base
to
over
1,400
hospitals
and
100,000
prescribers
across
the
US
and
Canada.

George
has
a
proven
track
record
of
guiding
software
and
services
companies
from
inception
to
high-growth
stages,
including
Initial
Public
Offerings,
with
revenues
ranging
from
$5M
to
over
$100M.
Prior
to
DrFirst,
he
was
Chief
Operating
Officer
at
Motionsoft
and
served
on
their
Board
of
Directors,
as
well
as
Executive
Vice
President
and
Board
Member
at
Presidium.His
extensive
experience
spans
Healthcare,
Financial
Services,
Telecommunications,
National
Security,
and
Higher
Education.
George
has
led
R&D
teams
across
the
US,
India,
Russia,
Poland,
and
China.
He
is
active
in
CHIME
and
a
member
of
their
CFCHE
program.
George
also
holds
a
patent
in
sales
risk
management
and
is
a
graduate
of
Boston
University.

This
post
appears
through
the MedCity
Influencers

program.
Anyone
can
publish
their
perspective
on
business
and
innovation
in
healthcare
on
MedCity
News
through
MedCity
Influencers. Click
here
to
find
out
how
.

Morning Docket: 01.22.25 – Above the Law

*
DOJ
orders
criminal
investigations
into
state
and
local
authorities
who
“obstruct”
immigration
crackdowns.
And
by
“obstruct”
they
mean
“refuse
to
let
the
federal
government
steal
local
tax
dollars
by
deputizing
cops
to
take
time
out
of
policing
the
community
and
chasing
down
criminals
to
round
up
law-abiding
guys
standing
outside
Home
Depot.”
[Bloomberg
Law
News
]

*
It’s
Always
Sunny
at
Kirkland
&
Ellis.
[American
Lawyer
]

*
From
Dominion
to
Prince
Harry,
it’s
been
a
rough
go
for
Murdoch’s
faux
journalism
empire.
[NBC
News
]

*
Facebook
sucks
up
and
holds
all
your
data,
but
when
lawsuits
show
up
they
like
to
delete
their
own.
[Reuters
Legal
]

*
Lawyer
arrested
at
bar
meeting
gets
some
measure
of
justice.
[Arkansas
Times
]

*
Trump
pardons
Ross
Ulbricht
after
promising
freedom-loving
Libertarians
that
he’d
free
their
drug
smuggling
exchange
hero
in
exchange
for
them
looking
the
other
way
on
trifling
freedom
issues
like
forced
birth.
[Law360]

*
Iran
passes
law
allowing
child
marriage,
finally
catching
up
to
Mississippi.
[The
Guardian
]

Donald Trump Had A Busy First Day Back In The Office – Above the Law

(Photo
by
Wu
Xiaoling/Xinhua
via
Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


On
Day
1
of
his
second
term,
Donald
Trump
set
a
record
signing
almost
50
executive
actions,
26
of
which
were
executive
orders.
Which
president
previously
held
the
record
for
the
most
executive
actions
on
Day
1?


Hint:
That
president
signed
15
executive
actions
on
Day
1.



See
the
answer
on
the
next
page.

Trump’s Former Ethics Watchdog Sounds The Alarm On What’s Yet To Come For This Administration – Above the Law

(Photo
Illustration
by
Mateusz
Slodkowski/SOPA
Images/LightRocket
via
Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


America
voted
for
corruption,
and
that’s
what
Trump
is
delivering.
Trump’s
corruption
and
naked
profiteering
is
so
open,
extreme
and
pervasive
this
time
around
that
to
comment
on
any
one
aspect
of
it
would
be
to
lose
the
forest
for
the
trees.
The
very
idea
of
government
ethics
is
now
a
smoldering
crater.





Walter
Shaub
,
former
head
of
the
Office
of
Government
Ethics
under
the
first
Trump
administration,
in
an
email
sent
to

CNN

in
the
wake
of
then
president-elect
Donald
Trump’s
memecoin
cryptocurrency
going
live
shortly
before
Inauguration
Day.
Trump,
who
has
now
taken
the
reins
as
president,
reportedly
made
a
great
deal
of
money
on
the
crypto
launch.
Professor

Richard
Painter

of
Minnesota
Law
echoed
Shaub’s
concerns,
telling

CNN
,
“I
believe
it
is
very
dangerous
to
have
the
people
who
are
supposed
to
oversee
regulating
financial
instruments
investing
in
them
at
the
same
time.
There’s
no
precedent
for
a
head
of
state
to
launch
a
personal
cryptocurrency.”



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

The ACLU’s Strategic Play In The Birthright Citizenship Case – Above the Law

(Photo
by
Jabin
Botsford
/The
Washington
Post
via
Getty
Images)

Yesterday,
in
his
first
day
back
in
office,
Donald
Trump
made
a
pass
at
rewriting
the
Constitution
via
executive
order.
Of
course,
that’s
not
how
any
of
this
works,
and
the
American
Civil
Liberties
Union
has
already
filed
litigation
challenging
the
EO
claiming
to
end
birthright
citizenship
as
guaranteed
by
the
14th
Amendment.
As
the
Brennan
Center’s
Thomas
Wolf

makes
clear
,
“Trump’s
executive
order
is
unconstitutional,
in
direct
conflict
with
the
plain
language
of
the
14th
Amendment
and
over
a
century’s
worth
of
Supreme
Court
case
law.”

It’s
also,
you
know,
an

attempt
at
legal
sleight
of
hand

to
make
the
racism
more
palatable.

Wolf
is
optimistic
about
the
integrity
of
the
14th
Amendment,
saying
Trump’s
EO
“will
be
litigated
immediately
and
its
prospects
of
surviving
those
court
fights
are
slim,
even
before
a
Supreme
Court
stacked
with
conservative
justices
and
Trump
appointees.”
He
points
to
the
130-year-old
precedent
of

United
States
v.
Wong
Kim
Ark, 
and
thinks
that
even
the
conservative
dominated
Supreme
Court
will
err
on
the
side
of
birthright
citizenship.

It’s
reasonable
to
wonder
whether
the
current
Supreme
Court
will
defy
Trump
on
an
issue
about
which
he
has
campaigned
so
aggressively.
It’s
undoubtedly
true
that
the
justices
have
bent
American
jurisprudence
into
novel
shapes
to
avoid
direct
conflict
with
Trump.
But
backing
birthright
citizenship
doesn’t
require
some
unprecedented
feat
of
progressive
jurisprudence.
Just
look
at
the
Fuller
Court,
which
decided

Wong
Kim
Ark
.
Two
years
earlier,
it
issued

Plessy
v.
Ferguson
,
one
of
the
most
notoriously
racist
rulings
in
U.S.
history.
Even
those
justices

who
embraced
the
two-tiered
“separate
but
equal”
regime
of
race
relations
that
ruled
the
United
States
for
generations

couldn’t
find
an
honest
way
around
the
14th
Amendment’s
plain
language.
This
precedent
will
loom

rightly
and
heavily

over
any
move
the
Court
makes.

But
before
SCOTUS
takes
up
the
case,
the
ACLU
is
doing
everything
it
can
to
ensure
success.
Because,
though
the
rock
solid
legal
foundation
of
birthright
citizenship
*should*
be
enough
to
end
the
inquiry
we’ve
seen
some
shockingly
obsequious
behavior
in
the
age
of
Trump.
Like,
I
dunno,
when
the
Fifth
Circuit’s
James
Ho

despite

previously
writing

that
it
would
take
a
constitutional
amendment
to
overturn
birthright
citizenship


let
Trump
and
the
rest
of
the
world

know
he
was
totally
cool
with
the
retrograde
position
of
birthright
citizenship
that
the
47th
president
is
staking
out.

What
better
way
to
avoid
ambitious
appellate
court
judges
auditioning
for
a
potential
Trump
nomination
to
the
Supreme
Court
than
to
take
your
case
to
a
circuit

the
only
one
in
the
nation

with

no
active
judges
appointed
by
Republicans
?
That’s
what
the
ACLU
did
(along
with
a
coalition
of
state
Attorneys
General
in
a
subsequently
filed
lawsuit).
(Both
complaints
are
available
below.)

Now,
putting
your
lawsuit
in
the
First
Circuit,
even
without
any
active
duty
Republicans,
is
far
from
the
most

problematic
form
of
judge
shopping

that
plagues
our
judiciary.
If
the
GOP
is
particularly
infuriated
by
the
tactic,
perhaps
they’ll

reconsider
their
stance

on
the
Judicial
Conference’s
proposal
on
how
cases
implicating
a
nationwide
injunction

are
assigned.

Indeed,
if
this
question
makes
it
to
the
appellate
level
there’s
even
a
chance
they’ll
pull
a
panel
with
one
or
more
of
the
senior
status
judges
appointed
by
Republicans
in
the
circuit.
But
there
won’t
be
any
judges
low-key
interviewing
for
a
promotion
and
that
makes
it
a
lot
more
likely
the
case
is
decided
on
constitutional,
rather
than
political,
grounds.

Then
we’ll
just
have
to
cross
our
fingers
when
it
makes
it
to
the
Supreme
Court.

ACLY
birthright
lawsuit

State
AGs




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Starlink Introduces Installment Plans for Mini Kit in Zimbabwe

Zimbabwe
is
among
the
first
countries
where Starlink has
introduced
an
installment
payment
option
for
purchasing
the
Mini
Kit.

Payment
Options:

  1. 6-month
    installment
    plan:
    $25
    per
    month
  2. 9-month
    installment
    plan:
    $16.67
    per
    month

Both
plans
require:

  • $50
    initial
    deposit
  • $23
    delivery
    fee

Effectively,
the
initial
payment
has
been
reduced
from
$223
to
$73.
Starlink
is
not
charging
interest
on
the
installments
so
Zimbabweans
will
likely
all
go
for
the
9
months
option.

This
reduction
makes
the
service
more
accessible
to
many
Zimbabweans.
After
receiving
the
kit,
customers
must
pay
a
monthly
subscription
fee
of
at
least
$30
in
addition
to
the
installment
payment.
For
example,
choosing
the
9-month
plan
would
result
in
a
total
monthly
payment
of
$46.67
($16.67
installment
+
$30
subscription).

Purchasing
Starlink
in
Zimbabwe

While
service
is
currently
sold
out
in
Harare,
its
surrounding
towns,
and
parts
of
Bulawayo,
Starlink
remains
available
in
other
parts
of
Zimbabwe.

To
place
an
order:

  1. Visit starlink.com
  2. Click
    “Order
    Now”
  3. Enter
    your
    delivery
    address
  4. Complete
    the
    order
    form

Payment
options:

  • Use
    a
    prepaid
    Mastercard
    or
    Visa
    card
  • Virtual
    Mastercards
    from
    EcoCash
    or
    OMari
    are
    accepted
  • Initial
    payment
    of
    $73
    required
    (recommended
    to
    have
    $90
    available
    to
    cover
    potential
    bank
    charges)
  • International
    relatives
    can
    make
    the
    purchase
    using
    their
    credit
    card

Note:
The
initial
$90
buffer
is
recommended
to
cover
any
additional
bank
charges
when
using
EcoCash
or
prepaid
debit
cards.

Churches warn Mnangagwa term extension would be a coup against constitution

HARARE

Churches
on
Tuesday
urged
President
Emmerson
Mnangagwa
to
“resist
the
temptation”
of
seeking
a
third
term
when
his
second
and
final
five-year
term
expires
in
2028,
warning
that
this
would
be
a
coup
against
the
constitution.

Mnangagwa
has
publicly
stated
that
he
has
no
plan
to
stay
on
beyond
2028,
which
would
require
a
constitutional
amendment
and
a
public
referendum.

The
Zanu
PF
leader
has
however
done
nothing
to
quell
the
lobby
by
his
loyalists
for
him
to
stay
on
at
least
until
2030,
or
seek
a
full
term
through
2033.

“The
call
to
extend
the
presidential
term
limits
and
postpone
the
2028
elections
is
an
invitation
for
the
president
to
be
a
co-conspirator
in
overthrowing
the
constitution
of
the
country
which
the
president
is
elected
to
uphold,
respect
and
defend,”
the
Zimbabwe
Heads
of
Christian
Denominations
(ZHOCD)
said
in
a
statement.

ZHOCD
brings
together
heads
of
the
Zimbabwe
Catholic
Bishop’s
Conference,
the
Zimbabwe
Council
of
Churches,
Evangelical
Fellowship
in
Zimbabwe
and
the
Development
of
Apostolic
Churches
in
Zimbabwe
Africa.

The
church
leaders
said
they
“took
relief
from
the
consistent
remarks”
made
by
Mnangagwa
affirming
his
commitment
to
uphold
the
constitution,
but
they
expressed
concern
about
“the
recent
pronouncements
by
some
MPs
and
political
activists
urging
the
president
to
extend
his
term
of
office
beyond
2028.”

The
church
leaders
added:
“The
ZHOCD
prayerfully
urges
the
president
to
resist
the
calls
and
the
temptation…
for
the
greater
good
of
the
country.

“As
the
Church,
we
encourage
the
president
to
adhere
to
the
constitutional
term
limits,
and
to
support
a
peaceful
transition
of
power
in
the
year
2028
following
free,
fair
and
credible
elections.”

The
bishops
warned
that
the
proposal
to
extend
Mnangagwa’s
term
“may
irretrievably
erode
public
trust
in
the
electoral
processes
in
Zimbabwe
and
would
destabilise
the
country
at
a
time
when
unity
and
peace
are
most
needed
for
our
economic
and
social
transformation.”

They
urged
Mnangagwa
to
prioritise
electoral
reforms
“and
ensuring
regular
free
and
fair
elections
to
ensure
accountability,
transparency
and
the
peaceful
transfer
of
power.”

The
push
for
a
third
term
for
Mnangagwa
has
united
his
opposition
rivals
who
have
vowed
to
mobilise
for
a
“no”
vote
when
the
matter
is
put
to
a
referendum.

Every Time Someone Compares Biden’s ERA Statement To Trump’s Birthright Citizenship Order An Angel Has Its Wings Ripped Off – Above the Law

(Photo
by
Anna
Moneymaker/Getty
Images)

Before
leaving
office,
Joe
Biden
issued
a
proclamation
that
he
believed
the
Equal
Rights
Amendment
cleared
all
Article
V
hurdles
to
become
the
Twenty-Eighth
Amendment
to
the
Constitution
despite
a
congressional
resolution
setting
a
now-expired
deadline
for
ratification.

The
statement
was
and
is
entirely
empty
symbolism.
Had
he
taken
this
stance
earlier
in
his
presidency
or
ordered
his
DOJ
to
take
action
based
on
the
ERA
then
it
might’ve
meant
something.
Or,
you
know,

tried
to
order
the
National
Archivist
to
put
it
in
the
Constitution
.
As
is,
he
dropped
a
constitutional
law
FYI
on
his
way
out
the
door.

Donald
Trump
signed
an
order
to
override
the
Fourteenth
Amendment’s
explicit
birthright
citizenship
provision
by
executive
fiat.

As
Gus
Fring
would
say,
we
are
not
the
same.

And
yet…

Screenshot 2025-01-21 at 11.40.56 AM

To
be
clear,
Biden
didn’t

unilaterally

do
jack.
Klein,
an
anthropomorphized

NY
Times
Pitchbot

joke,
delivers
his
hot
take
while
ignoring
the
active
debate

whatever
one
thinks
of
its
merits

over
whether
or
not
all
of
the
state
legislature
ratifications
of
the
ERA
are
valid.
Multiple
states
think
they
are,
Congress
and
the
official
position
of
the
DOJ
are
that
they
are
not.
Biden
expressed,
without
the
force
of
any
law
whatsoever,
that
he
thinks
the
states
have
the
better
of
the
argument.
Cool
story,
bro.

Trafficking
in
this
completely
baseless
“unilaterally”
language
just
invites
dunderheaded
bothsideism.

Screenshot 2025-01-21 at 11.06.17 AM

Right
on
schedule.

One
assumes
that
Isgur
is
being
intentionally
obtuse.
Biden
did
not,
by
any
stretch,

claim
he
can
ratify
an
amendment
though
press
release
.
He
agreed
with
state
legislatures
in
Nevada,
or
Illinois,
or
Virginia
who’ve
taken
the
stance
that
their
ratifications
count
toward
the
Article
V
requirement.
That’s
on
their
legislatures,
not
a
press
release.

Biden’s
statement
and
Trump’s
order
are
not
“apples
to
apples”
so
much
as
“apples
to
rabies-infested
raccoons.”
This
should
be
obvious
when
one
is
“statement”
and
the
other
is
an
“order”
and
yet
here
we
are.

The
ERA
is
probably
not
good
law.
When
Congress
first
conveyed
the
proposed
Amendment
to
state
legislatures,
it
included
preambulatory
language
setting
a
seven-year
deadline
for
states
to
complete
the
ratification
process.
ERA
proponents
and
the
state
legislatures
that
voted
to
ratify
the
amendment
since
that
deadline
have
offered
a
few
arguments,
but
the
most
powerful
argument
they
make
is
that
Congress
lacks
any
constitutional
authority
to
impose
any
time
limit
on
the
ratification
process.

This
is
a
question
addressed
in Dillon
v.
Gloss
,
256
U.S.
368
(1921):

It
will
be
seen
that
this
article
says
nothing
about
the
time
within
which
ratification
may
be
had

neither
that
it
shall
be
unlimited
nor
that
it
shall
be
fixed
by
Congress.
What
then
is
the
reasonable
inference
or
implication?
Is
it
that
ratification
may
be
had
at
any
time,
as
within
a
few
years,
a
century,
or
even
a
longer
period,
or
that
it
must
be
had
within
some
reasonable
period
which
Congress
is
left
free
to
define?
Neither
the
debates
in
the
federal
convention
which
framed
the
Constitution
nor
those
in
the
state
conventions
which
ratified
it
shed
any
light
on
the
question.

It
was
a

very

different
time
for
the
Supreme
Court.

The
limited
government
textualists
or
originalist
philosophies
that
dominate
the
Court
today
would

if
they
were
being
honest
with
themselves

gag
at
the
idea
of
inventing
a
power
even
though
it’s

not

in
the
Constitution
and

not

contemplated
by
the
Framers.
The

Dillon

opinion
rests
on
the
assertion
that
it
would
be
absurd
to
believe
the
Framers
expected
proposed
amendments
to
live
forever…
though
that’s
exactly
how
the
Twenty-Seventh
Amendment
got
proposed
in
1791
and
ratified
in
1992.

In
fact,
it
wasn’t
until
the
22nd
proposed
amendment

which
would
ultimately
become
the
Eighteenth
Amendment
instituting
Prohibition

that
Congress
imposed
a
deadline
on
an
amendment’s
ratification.

In

Dillon
,
a
petitioner
facing
charges
over
booze
argued
that
the
whole
amendment
was
void
because
Congress
tried
to
stick
a
deadline
on
it.
The
Court
rejected
this
argument

while
acknowledging
that
there
was
no
text
or
history
to
back
it
up

because “As
a
rule,
the
Constitution
speaks
in
general
terms,
leaving
Congress
to
deal
with
subsidiary
matters
of
detail
as
the
public
interests
and
changing
conditions
may
require….”

Go
ahead
and
imagine
Sam
Alito
signing
off
on
Congress
having

implied

powers
to
deal
with
“subsidiary
matters
of
detail
as…
changing
conditions
may
require”
that
aren’t
mentioned
in
the
Constitution.

Adding
another
wrinkle
the
Eighteenth
Amendment
included
its
deadline
in
the
text
of
the
Amendment.
The
ERA
does
not,
opting
instead
to
include
it
only
in
a
resolution
passed
to
convey
the
proposed
amendment
to
the
states
because
they
thought
it
hurt
the
aesthetics
of
the
Constitution
to
have
deadline
language
permanently
enshrined
in
the
document.
Yes,
that
is
the
sole
reason
they
decided
to
take
the
language
out
of
the
substantive
amendment.
From
Senator
Kefauver:

The
general
idea
was
that
it
was
better
not
to
make
the
7-year
provision
a
part
of
the
proposed
constitutional
amendment
itself.
It
was
felt
that
that
would
clutter
up
the
Constitution.
.
.
.
We
wanted
to
put
the
7-year
limitation
in
the
preamble.
So
the
intention
of
the
preamble
is
that
it
must
be
ratified
within
7
years
in
order
to
be
effective.

Should
it
matter
that
the
deadline
is
not
in
the
proposed
amendment
but
only
in
an
attached
FYI?
Some
states
think
so.

But
it’s
a
close
enough
call
that
the
DOJ
had

the
Office
of
Legal
Counsel
prepare
a
memo
on
it
.
At
the
time,
the
DOJ
concluded
that

Dillon

should
control
and
that
moving
the
deadline
from
the
text
to
a
contemporaneous
resolution
shouldn’t
matter.


Dillon

is
almost
assuredly
the
right
call.
Congress
should
be
able
to
set
a
deadline
in
order
to
avoid
the
sort
of
deadhand
mischief
that
the
Constitution
by
its
structure

if
not
explicit
text

is
meant
to
prevent.
Plus,
I
tend
to
believe
in
precedent.
But
that’s
the
sort
of
pragmatic
living
constitutionalism
that
this
Court
says
we’re
all
supposed
to
reject
even
if
it
means
overruling
decades
upon
decades
of
precedent.

The
ERA
probably
shouldn’t
be
considered
the
law
of
the
land
but
also
that
the
case
against
it
rests
on
an
old
precedent
that
argues
that
text
and
history
should
give
way
to
implied
powers
and
that’s…
more
than
enough
for
someone
to
take
the
position
that
it
should
be
under
the
express
terms
of
Article
V.

It’s
definitely
more
than
enough
for
Biden
to
say
he
believes
it
but
won’t
act
upon
it.

On
the
other
hand,
an
executive
order
is

to
help
Klein
out

“unilateral.”
It
is,
for
Isgur’s
sake,
what
the
equivalent
of
a
press
release
with
legal
force.
And
for
both
it
is
not,
in
any
shape
or
form,
“the
same”
as
Biden’s
statement.

Nor
does
it
enjoy
anywhere
close
to
the
slim
but
colorable
support
the
ERA
proponents
have.
The

executive
order
signed
by
Trump

states
that
“But
the
Fourteenth
Amendment
has
never
been
interpreted
to
extend
citizenship
universally
to
everyone
born
within
the
United
States,”
despite
the
text
of
the
Fourteenth
Amendment
being
as
explicit
on
this
point
as
Article
V
is
not.

“The
Fourteenth
Amendment
has
always
excluded
from
birthright
citizenship
persons
who
were
born
in
the
United
States
but
not
“subject
to
the
jurisdiction
thereof,”
Trump
writes,
despite


United
States
v.
Wong
Kim
Ark
,
169
U.S.
649
(1898)
expressly
holding
that
a
child
is
a
U.S.
citizen
when
born
in
San
Francisco
even
though
“His
father
and
mother
were
persons
of
Chinese
descent,
and
subjects
of
the
Emperor
of
China.”
The
order
tries
to
play
semantics
over
whether
or
not
the
parents
were
temporary
as
opposed
to
permanently
in
the
U.S.
at
the
time,
which
was
all
pretty
well
settled
by


Plyer
v.
Doe
,
457
U.S.
202
(1982).

There’s
not
even
a
recognized
implied
power

the
basis
of
the
ERA
deadline

for
a
president
declaring
the
scope
of
a
constitutional
amendment.
Congress
has
passed
statutes
mirroring
the
Amendment,
solidifying
its
claim
to
whatever
power
exists
to
legislate
the
extent
of
the
birthright
citizenship
language.
It’s
unmoored
from
any
conceivable
legal
argument
originating
anywhere
outside

disgraced

purveyor
of
law-like
thought

John
Eastman’s
fever
dreams
.

Defenders
of
Klein
or
Isgur
will
say,
“they’re
only
comparing
them
to
say
both
are

bad.

Which
is
true.
But
it’s
sort
of
like
telling
your
server
that
you
don’t
care
for
pickles
or
being
strung
up
by
your
testicles.
It
may
be
strictly
accurate
but
it’s
just
a
shade
reductive.
A
non-binding
expression
of
a
good
faith
if
ultimately
wrong
constitutional
law
argument
is
not
the
same
as

overturning
the
Constitution
by
fiat
,
full
stop.
Even
if
you’re
saying
you
don’t
agree
with
either,
holding
them
out
as
comparable
in
any
way
just
builds
scaffolding
for
someone
to
take
the
position
that
the
former
justified
the
latter.
Two
things
can
be
bad
for
different

important

reasons.
I
can
agree
that
some
people
may
not
understand
the
merits
of
pickles
while
adhering
to
a
firm
“don’t
hang
people
by
their
testicles”
policy.

As
hard
as
that
might
be
for
the
mainstream
media
to
fathom.


Earlier
:

Newsweek
Says
Kamala
Harris
Essay
Not
‘Racist
Birtherism’
(Psst,
It’s
Totally
Racist
Birtherism)


Trump
Coup
Lawyers
Clark
And
Eastman
Going
Through
Some
Things
With
State
Bars




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

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if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
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Managing
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3 injured after Fire Brigade truck crashes into another vehicle while rushing to accident scene

HARARE

In
a
freak
coincidence,
three
people
were
injured
on
Monday
when
a
Harare
fire
brigade
vehicle
was
involved
in
a
road
crash
in
Borrowdale
suburb
as
crew
rushed
to
attend
to
the
scene
of
a
serious
road
traffic
accident
involving
a
commuter
omnibus
which
left
25
people
injured.

Confirming
the
misfortune,
police
said
25
people
were
injured
in
a
head-on
collision
involving
a
Toyota
Hiace
Kombi
and
an
Isuzu
Light
truck
with
no
passengers
on
board
along
Domboshava
Road.

“The
ZRP
confirms
a
serious
road
traffic
accident
which
occurred
on
20
January
2025
at
around
7.45AM
along
Domboshava
Road
opposite
Philadelphia
School,
Borrowdale,
Harare,”
police
said.

“25
people
were
injured
when
a
Toyota
Hiace
Kombi
with
23
passengers
on
board
was
involved
in
a
head-on
collision
with
an
Isuzu
Light
truck
with
no
passengers
on
board.”

Police
said
the
accident
was
caused
by
the
kombi
driver
who,
according
to
witnesses,
attempted
to
overtake
another
vehicle
in
the
face
of
oncoming
traffic.

The
injured
were
rushed
for
treatment
at
Parirenyatwa
Group
of
Hospitals.

Police
said
three
more
people
were
injured
when
a
fire
brigade
vehicle
with
six
passengers
on
board
collided
with
a
Nissan
March
with
three
passengers
on
board
along
the
same
road.

Police
urged
drivers
to
be
“safety
conscious
on
the
roads”.