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Fix the backlash against public health
Lawrence O Gostin1, Sarah Wetter2
1Lawrence O. Gostin is University Professor at Georgetown University, where he directs the O'Neill Institute for National and Global Health Law, Washington, DC, USA.
Summary
State governments
Area of Science:
- Public Health Law
- Epidemiology
- American Federalism
Background:
- Historically, states held broad public health powers, often expanded during crises like the 2001 anthrax attacks via legislation such as the Model State Emergency Health Powers Act.
- This act granted significant authority to public health officials for swift emergency response.
- The division of power in American federalism traditionally assigns primary public health responsibilities to individual states.
Discussion:
- The COVID-19 pandemic saw a significant reduction in state public health officials' authority by state legislatures and courts.
- This erosion of power contrasts with historical responses to epidemics, which typically involved strengthening health systems and legal frameworks.
- The weakening of public health authority raises concerns about future pandemic preparedness.
Key Insights:
- State legislatures and courts curtailed public health emergency powers during the COVID-19 pandemic.
- This reduction in authority contrasts with the historical trend of strengthening public health systems during epidemics.
- The Model State Emergency Health Powers Act, once a model for expansive authority, has seen its influence diminished.
Outlook:
- Future pandemics, potentially more severe than COVID-19, may be met with significantly hampered public health responses.
- The diminished authority of health officials could leave populations vulnerable during health crises.
- Rebuilding and protecting public health powers will be critical for national security and public well-being.
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