DOCTORS ' LOUNGE
( continued from page 25 ) feels is acceptable “ essential ” activity . His choice of words is so thinly veiled , it is hard to imagine he didn ’ t intend to denigrate those participating in these unessential activities . Clearly , according to Gorsuch , one cannot pick up “ a ” bottle of wine ; it must certainly be another bottle . One cannot shop for a used bike or bike repair for transit in a crowded city ; he must shop for the luxury of a new bike . One cannot attend an acupuncturist as part of a pain management strategy ; the patient could only be on a frivolous exploration of “ distal points and meridians .” Oh how convenient it is , indeed ! To read Justice Gorsuch ’ s opinion , Governor Cuomo was catering to carefree urban liberals aimlessly wandering the city , roadie in hand , looking for their next hit to energize their Qi . What does not square up , as has been so forcefully pointed out in the judiciary over the last few years , is that judges are supposed to uphold the law regardless of their personal politics and moral point of view . Judges are supposed to settle the legal question at hand and not sarcastically denounce those involved in activities they find objectionable . Justice Gorsuch adjudicates much as the doctor who would diagnose an STD and then ensure the patient feels the shame of their lapse of fortitude , be it moral or latex .
I will not claim to have originated the concern over the scientific illiteracy of the Court ’ s most recent appointees , however , I will point out Justice Gorsuch lays bare that concern . Data exists for some of what he finds disagreeable , even if it is decidedly mixed . Acupuncture has slowly been working into the lexicon of pain management strategies in this country , particularly in today ’ s post-opioid prescriptive culture . Medicare covers acupuncture for 12 visits for low back pain , and an additional eight more sessions if a patient sees improvement . The American College of Physicians , in 2017 recommendations for management of low back pain , supported the use of acupuncture as an early intervention strategy for low back pain . The work of Vitaly Vodyanoy , PhD , of my alma mater Auburn University , on the primo-vascular system could provide a scientific framework for the explanation of acupuncture ’ s effects . Alcohol consumption , with all the obvious risks and detractions , is not necessarily discouraged in moderate amounts for cardiovascular health , though data has more recently been mixed on this issue . The point is , Justice Gorsuch paints with a wide brush in his sarcastic dismissal . Furthermore , we should not , nor should our patients , be encumbered by his personal feelings and musings about our day to day activities . This type of dissertation obfuscates the legal issue at hand and simply is not the Justice ’ s job any more than it is ours as physicians to levy , implicit or explicit , judgements on our patients . We both have a professional obligation to avoid engaging in moral judgement of those under our purview .
I drove home this past Friday night after a busy day in clinic , a rare treat of takeout for my family on the front seat , and I decided to stop at Old Town Liquors . I wanted a beer to accompany my vegetarian burrito bowl and I knew there was none at home . I found the store bustling with masked patrons surveying the wine options
and wandering the beer cooler , any of whom could , or probably are , patients of ours . I have no idea what their alcohol consumption plan was for the night , healthy or unhealthy . Mine was decidedly conservative , just a tasty local brew to mark the end of a busy week . I grabbed a can of Gravely beer from the cooler , satisfied to support my favorite local brewery . I paused , however , staring at the brightly lit and colorful beer display and , with Justice Gorsuch ’ s concurring opinion swirling in my head , I grabbed another can of beer . I thought , albeit briefly , would Justice Gorsuch see me crossing the meridian from work day to the distal point of home on a Friday night with two beers in tow and implicitly brand me a slovenly , unchurched leech on society ? Would he assume all the patrons at Old Town were there for another bottle of wine ? Fortunately , rational thought arrested these needless wonderings and I reminded myself that I don ’ t care what Justice Gorsuch thinks of me , and I don ’ t suppose the other patrons of Old Town do either . He just thinks we do .
References
Roman Catholic Diocese of Brooklyn New York v . Andrew M . Cuomo , Governor of New York on Application for Injunctive Relief
592 U . S . __( 2020 )
Qaseem A , Wilt TJ , McLean RM , Forciea MA , Clinical Guidelines Committee of the American College of Physicians .. Noninvasive Treatments for Acute , Subacute , and Chronic Low Back Pain : A Clinical Practice Guideline From the American College of Physicians . Ann Intern Med . 2017 Apr 4 ; 166 ( 7 ): 514-530
Amer Aladin , Parag Chevli , Muhammad Imtiaz Ahmad , Shereen Rasool , and David Herrington , Alcohol Consumption and Risk of Hypertension . J Am Coll Cardiology . 2019 Mar , 73 ( 9 _ Supplement _ 2 ) 12
Dr . Kolter is a practicing internist with Baptist Health .
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