Toward a Legal Framework that Centers the Public's Health, in the Courts and Beyond.

This paper summarizes key shifts in judicial decisions relating to public health powers during the pandemic and the implications of those decisions for public health practice. Then, it gives a preview and call for partnership in developing a legal framework for authority that guides public health to better activities, processes, and accountability in service of the public's health.

Judicial Decisions Constraining Public Health Powers During COVID-19: Implications For Public Health Policy Making.

Public health legal powers are increasingly under pressure from the courts in the United States. During the COVID-19 pandemic, individuals and organizations successfully challenged many community mitigation orders (for example, mask mandates, vaccination mandates, and restrictions on gatherings), demonstrating the legal vulnerability of disease control measures. Analyzing 112 judicial decisions in which the plaintiff prevailed from March 2020 through March 2023, we examined the ways in which courts constrained public health powers during the COVID-19 pandemic.

Holding Clinicians in Public Office Accountable to Professional Standards.

Clinicians using governing authority to make public health policy are ethically obliged to draw upon scientific and clinical information that accords with professional standards. Just as the First Amendment does not protect clinicians who provide advice that fails to express standard care, so it does not protect clinician-officials who offer information to the public that a reasonable official would not provide.

Judicial Review of Public Health Powers Since the Start of the COVID-19 Pandemic: Trends and Implications.

During the COVID-19 pandemic, officials in the United States at all levels of government utilized their legal authorities to impose a wide range of measures designed to control the spread of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2; the causative agent of COVID-19), including shutting down businesses, limiting the size of gatherings, requiring masking, and mandating vaccination. These orders and regulations were challenged in court cases that resulted in more than 1000 judicial decisions. Common claims were based on alleged procedural and substantive due process violations, violations of religious liberty, and violations of officials' scope of authority.

From the Shadows: The Public Health Implications of the Supreme Court's COVID-Free Exercise Cases.

This article analyzes the Supreme Court's "shadow docket" Free Exercise cases relating to COVID-19. The paper highlights the decline of deference, the impact of exemptions, and the implications of the new doctrine for vaccine and other public health laws.